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p - Yo\>\ > - *->' c ^^> -x- . r.
CALENDAR
STATE PAPERS,
COLONIAL SERIES,
Vel. Itj
AMEEICA AND WEST INDIES,
27 OCTOBER, 1697-31 DECEMBER, 1698.
ri:r.si-:iiVED IN THE
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EDITED BY
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1905.
PREFACE.
THE present volume opens at the day immediately follow-
ing that whereon the news of the Peace of Ryswick was
announced to the various Colonies. The cessation of arms
was not unexpected, indeed hostilities had already well nigh
ceased in anticipation of it; but there were two military
expeditions whose issue was Hot yet fully known nor explained
at the time when the Treaty was signed ; and it will there-
fore be convenient to dispose of them before entering into
the details of the Colonial administration.
Admiral The first of these expeditions was that committed to the
NevilPs expe-
dition, charge of Admiral Nevill which, as related in the preface to
the preceding volume, had ended in an abortive cruise and in
the death of its commander. Nevill, however, had found
time before his death to pick a quarrel with Sir William
Beeston, the Governor of Jamaica, and to endeavour to
saddle him with the failure of the enterprise (57). To this
most unjust insinuation Beeston replied with a series of
indignant disclaimers (74, 90), setting forth that, but for the
money which he had patriotically expended from his own
pocket, the King's ships would never have been able to keep
the sea at all. The Council of Trade loyally supported him
against all the attacks of the naval officers (92), and were able
to assure him of their undimiiiished confidence in his /eal
and integrity. With his justification, therefore, the whole
incident of the expedition came to an end. Beestou's anxious
mind was set at rest, and the matter need trouble us no
more (269, 551).
VI
PREFACE.
Colonel Gib-
sone's expedi-
tion to New-
foundland.
Imperial
problems to be
solved after
the peace of
Ryswick.
The second expedition was that despatched to recover
Newfoundland from the French, the narrative of which
was duly set forth by Colonel Gibsone at the end of Novem-
ber, 1697 (75). From this it appears that Gibsone and
Commodore Norris found the harbour of St. Johns evacuated
by the enemy, and thereupon proceeded to place it in a state
of defence. After a stay of some weeks two French
fleets, jointly of superior force to the English squadron,
appeared before the haven, but sailed away without
venturing to attack ; whereupon Gibsone left nearly three
hundred men under Major Handasyd to hold it and returned
home. Long before he reached England, one-third of this
unhappy garrison had perished, whether of cold or scurvy or
exposure or epidemic disease there is nothing to show (51).
However, from that moment Newfoundland became one of
England's fortified stations beyond sea, and a factor in the
problem of Imperial defence.
But this problem was only one of many which demanded
solution at the hands of King William now that, for the first
time since his accession, he had some leisure to devote to
Imperial concerns at large. The war for the moment had
ended owing to the general exhaustion of the combatants,
but the so-called peace was but a truce a short breathing-
time before resumption of the fight and it was of the last
importance to turn every moment of it to account. For
there was very much amiss that needed to be set right. The
Acts of Trade and Navigation had been absolutely set aside
while hostilities lasted, and it was necessary, by the help of
the new Act of 1695-1696, to enforce them with all possible
stringency. But this could only be effected by the King's
ships, encouraged by the utmost zeal on the part of the
Governors of all Colonies, whether in the hands of
Proprietors or directly subject to the Crown ; and there were
dark complaints not only of illegal trading but of absolute
piracy against practically the whole of the British Colonial
possessions excepting Jamaica. New York, the Bahamas
and Pennsylvania were specially marked out as the worst
PREFACE.
vn
Imperial
Defence.
Heavy losses
during the
war.
Terrible
mortality in
the West
Indies.
offenders, their Governors being openly accused of
encouraging pirates for their own emolument. These two
questions of defence and trade were alone sufficiently difficult
to tax all the powers of the Council of Trade and Plantations ;
and accordingly we find that they form the main subjects of
the papers in the present volume.
The principal trouble that arose at home at the end of the
war was the payment of the disbanded troops ; the English
treasury being empty and the disorder of the public finances
extreme. It is therefore not surprising to find that the
Government sought at once to satisfy the demands of the
discharged soldiers and to strengthen the armed force of the
Colonies, by sending some of the veterans of the war across
the sea and rewarding them with grants of land. The
measure was the more obvious inasmuch as the defence of
the West Indies depended, apart from the fleet, entirely on
the militia, which was composed of white servants imported
by the planters and indentured to them for a term of years.
This system, however, had failed during the war owing to the
enormous demand for recruits for the operations in Ireland
and in Flanders, where the mortality had been unusually
heavy. Schomberg's first campaign of 1689 had been
particularly wasteful ; and thousands of men had died, not
from the sword but from disease and exposure due to the
helplessness and, in many cases, corruption of the officers, and
to the disorganisation of the military departments in London.
The fighting in Flanders had been also most costly in the
lives of men, Steenkirk having been one of the bloodiest
actions on record, and Landen neither more nor less than a
complete rout after a very long and stubborn engagement.
Even later, when the successful siege of Namur had revived
William's drooping laurels, the losses of the British Army
had been enormous ; and the Navy, it must be added, had
suffered little less heavily than the Army.
In the West Indies likewise, owing to a succession of
deadly seasons, the mortality among the white men had
been very great. Barbados at the opening of the war had
VU1
PREFACE.
Proposal to
send
disbanded
soldiers to tli
Colonies.
cheerfully sent her militia to the reconquest of St. Kitts ;
but before its close her battalions had been so much thinned,
that it had been necessary to send a regiment from England
for her protection. In plain words the old system of
defence by white servants had broken down ; and a new
system was required to take its place. The English
Government, however, was quite unable to devise, much
less to execute, the necessary measures. It had offered
bodies of convicts to the whole of the Colonies as white
servants, but was met everywhere, except in the Leeward
Islands, not only with refusal but with very decided objec-
tions (1); and it seems for a time to have contemplated
even the total abandonment of transportation as a punish-
ment (65). But disbanded soldiers promised a far more
desirable population to the Colonies, and therefore a sounder
foundation whereon to build a new system of imperial
defence. "New York," answered the agents for that
province, "will hold a greater number of men than the
King will think fit to send " ; but, though apparently all the
Colonies were prepared to receive them, not one was ready
to pay the expense of their passage. Lord Bellomont
advised that a certain number of soldiers should be sent
out as a regular body in the King's pay, and gradually
disbanded as they found employment in their new home;
but this meant a heavy drain upon the exhausted English
Treasury (4, 5, 7). Enquiry in other Colonies showed that
white labourers were badly wanted in one and all, and that,
if the difficulty of their passage over the sea could be over-
come, the soldiers could find not only good wages but, in
due course, grants of lands also. It was hardly to be
expected that impoverished communities like Virginia and
Maryland could furnish the necessary funds for the importa-
tion of immigrants ; but it was reasonable to expect at best
that the wealthy planters of Barbados, Jamaica and the
Leeward Islands might make some effort. In all three of
them, while the war lasted, the local governments had offered
a bounty upon every white man brought into the different
Its failure ,
PBEFACE. ix
islands; and Jamaica in particular had tendered to immigrants
very favourable terms. " But," observed the Council of
Trade, "their fears being dissipated, it is not to be expected
that they will be very willing to comply with this Act,
though it remains in force." Here the true British character
comes out. The immediate peril being over, there was no
occasion to profit by past experience or to take precautions
for the future. Altogether the Council of Trade could
only report that, if the King would be at the expense of
transporting the soldiers to their destinations, the Colonies
would be graciously pleased to receive them ; if not, no
doubt the Colonial merchants would be ready to take such
as were prepared to sell themselves into servitude (25).
The entire project therefore fell to the ground, and the
King was fain to take refuge in an order, that the Governors
of the Colonies should take care that the Acts enjoining the
importation of white men were rigidly enforced (218,
238, 311). Since the execution of these Acts depended
entirely on the goodwill of the planters, the order was no
more than a pious hope, not worth the paper upon which it
was written.
Fortification
of the
Colonies.
The fortification of the Colonies went the same way as the
scheme for the immigration of disbanded soldiers. There
were three officers of Engineers employed in the work when
peace was signed, and their task was by no means com-
pleted ; but none the less the Office of Ordnance, grudging
the drain upon its funds, demanded that they should be
recalled, quite irrespective of all questions of defence. In
short the only department in which some precaution was
taken against a recurrence of war was the Admiralty, which,
upon the representation of the Council of Trade, provided a
squadron of five ships for the West Indies (32, 198, 1,056).
At the same time, looking to the difficulties incurred by
naval commanders in obtaining money during the war, the
Council of Trade recommended that the Admiralty should
x PEE PACE.
appoint its own Agents or establish its own depots in the
West Indies, for the supply of the King's ships with
provisions and stores (427).
Permanent A far more troublesome matter was the appointment of a
garrison for
Newfound- permanent garrison for Newfoundland. The Office of
Ordnance, as usual, at once demanded that all the gunners
should be recalled, or the expense of their maintenance
charged upon the Colony, according to precedent (239).
That Newfoundland was not a Colony and that there was no
one there to bear the expense, were matters which it never
thought of considering. Colonel Gibsone, however, set forth
in plain language that unless England was prepared to accept
the ruin of the fishery and of all her interests in Newfound-
land upon every outbreak of war, due provision must be
made for the fortification of St. Johns and for the organiza-
tion of the bodies of scattered settlers, which had planted
themselves permanently in the different harbours of the
island (286, 293). Captain Norris of the Royal Navy also
gave advice as to the defence of St. Johns (301) ; and at the
end of March the Council of Trade submitted a definite proposal
for the fortification of the place, and for the establishment
and victualling of a permanent garrison of fifty men, upon
an increased rate of pay (333, 337, 338). Instructions were
also issued for the exclusion of interlopers of foreign nations
from the fishery (306, 339, 340). A very curious corre-
spondence followed with the Victualling Board, which is of
some interest as showing the allowance of food upon which
the British sailor lived in those days (375, 384-386, 388-390,
437, 438, 443). The Ordnance Office also made a second
protest against this additional charge upon their funds unless
a proportionate additional allowance were made by the
Treasury an appeal which the Treasury could meet only
with promises. However, in June, 1698, Commodore Norris
received his instructions to sail with the armed convoy to
Newfoundland and to establish the new garrison (498, 539-
541, 573, 586-588); and on the 10th of August he reached
St. Johns. In the previous year he had left there 299 men.
PREFACE.
XI
The garrison
of New York.
illicit trade
and piracy.
Of these 214 had died in the course of the winter from cold
and exposure (1,041). Of the survivors an independent
company was formed, and Gibsone in his reports upon the
settlements (787, 852, 990), gave the number of permanent
inhabitants as 1,416. Thus Newfoundland at last began to
attain to the dignity of a Colony instead of a mere fishing
station, at the trifling cost of two hundred soldiers frozen to
death. Rarely has a great tragedy been summed up iu as
few words as in Lieutenant Colonel Handasyd's account of
the hardship which " cost most of the poor men their lives "
(1,041).
There remained one more garrison, that of New York,
which, being the most directly exposed to the attacks of the
French, demanded above all others particular attention.
A new governor, Lord Bellomont, had been appointed to
that Colony; and, for preliminary relief to the four companies
which were entrusted with its defence, an iniquitous
deduction of 30 per cent, from their pay was abolished
(29,44). But their wages were still heavily in arrear, and
they were in extreme want from lack of clothing (48)
Worse than this the number of the settlers at Albany had
been seriously diminished by death and removal during the
war; and worst of all the Five Nations of Indians, which
had formed the great bulwark against the aggression of the
French from Canada, had been reduced from 2,800 to
1,320 fighting men (387). This was perhaps the most
serious result of the whole war to the British ; but, since the
entire question was left for settlement by Lord Bellomont
upon his arrival at New York, it will be more convenient to
consider it later, when treating of his administration.
1 turn now from Imperial Defence to the two questions
of trade and of piracy, which are so closely intermixed that
it is impossible to deal with them separately. Illicit trade
flourished in the whole of the North American Colonies
without any exception, and always with the connivance of
the Colonial, if not also of the Imperial, officers. In
x ii PREFACE.
Virginia the method for reading the Acts of Trade seem to
have been of the simplest and most primitive, accompanied
by undisguised corruption (655, 684) ; but the evil began
and ended with simple smuggling, and even this was
checked, both there and in Maryland, by the energy of the
Governors, Andros and Nicholson. The greater, therefore,
was the indignation of these provinces, and particularly of
Maryland, at the report that illicit trade and piracy alike
abated b were winked at by William Perm's deputy at Philadelphia.
Pennsylvania. Some allowance must be made from the fact that Maryland
was furiously jealous of Pennsylvania's energy and con-
sequent prosperity, and had actually imposed special duties
to damage her trade. It appears further that Governor
Nicholson had sent an armed party over the Pennsylvanian
border to arrest certain men who were accused of piracy and
of harbouring deserters ; which had likewise brought the
King's Navy into violent collision and most unedifying
correspondence with the Pennsylvanian authorities (76).
But there seems none the less to be abundant evidence that
Governor Markham at Philadelphia countenanced not only
illegal trade but piracy, and that with little or no conceal-
ment (401-404). With great ingenuity the Assembly of
Pennsylvania endeavoured to legalise this illicit traffic
by removing questions of trade from the jurisdiction of the
King's officers (633); but its defence of itself against the
charges of Edward llandolph and others is not, in face of
the evidence, very conclusive (759, 759). Moreover in
spite of all warnings the Pennsylvanians persisted in the
practices complained of, adding further to them the evil,
which two generations later brought them into serious
trouble, of refusing to allow their outlying settlers to
organise themselves for defence against pirates and Indians
(786, 796, 811, 827, 907). After every allowance made
for the vexatious and oppressive nature of the Acts of
Trade, there is something repellent in the picture of
the Quaker settlement which is presented by these
documents.
PREFACE.
xin
Pressure put
on Penn to
check illicit
trade and
piracy in
Pennsylvania.
Illicit trade
and piracy in
Rhode Island.
The Council of Trade, however, was not disposed to pass
lightly over this defiance of the Imperial authority while
William Penn lay open to pressure in England. Among
the provisions of the Act of 1695-6 for regulating the
Plantation Trade was a clause that the Governors of
Proprietary Colonies should take the oath to execute the
Acts of Trade, and that their appointments should not be
valid unless confirmed by the King. This clause had been
generally evaded by the Colonies in question (p. 183) ; but
it happened that the House of Lords had passed a resolution,
that security should be required of the Proprietors them-
selves for the good behaviour of the Governors of their
choice. The Council of Trade plied Penn among other
Proprietors with this resolution, and Penn visibly writhed
under it. He urged that the security should be required of
the Governor himself by the King, forgetting that it could
with better reason be required by the Proprietor ; but it does
not appear that the Council of Trade was disposed to relieve
him of his responsibility. In truth he was inclined to excuse
his Agents for all their malpractices, which increased the
wealth of the settlement and presumably added to his own
profits ; and the course of his career, as revealed by these
and former documents that have come under my notice, does
not incline me to expect scrupulous honesty of the man.
However at the last he yielded, though with no very good
grace, so far as to disallow the Act passed by the Assembly
of Pennsylvania for the neutralizing of the Imperial Act for
regulating the Plantation Trade (1,060). To judge by the
entry in the journal of the Council of Trade, his was not
a very dignified submission (1,061).
Still greater difficulty was found in another Chaitt-red
Colony, Rhode Island, where Quakerism was a<>ain made
the pretext for refusal to obey the law. The Governor
declined not only to take the oath to execute the Act for
regulating the Plantation Trade, but even to recognise the
King's Commission appointing a judge of the Admiralty Court
within the pmvinro (282). To the ^nive chart's of illicit
XIV
PREFACE.
Traffic with
pirates in
other
Colonies.
trade and connivance with piracy the Colony returned a
vague and evasive denial (423, 434); but the evidence as to
the dealings of the Governor, Walter Clarke, with pirates
was too strong to be overlooked ; and the Council of Trade,
in reviewing the whole matter, recommended that Lord
Bellomont should not only be required to examine and report
upon the misdeeds of Rhode Island but should be armed
with a quo warranto so as to vacate its charter (1,071). At
this point the documents relative to the case in the present
volume come to an end ; but it is well known that Rhode
Island remained a Chartered Colony to the end. Apparently
the statesmen of King William the Third could never muster
up courage to do away with Proprietary Colonies altogether,
and bring the whole of them under the Crown ; and this
was a grave blunder ; for their anomalous position forbade all
unity of imperial policy and administration.
Of the other Colonies, Connecticut was as freely accused
as the rest of traffic with pirates (p. 183), though her
Governor and Council absolutely denied it (194, 628).
Carolina, though there are no documents concerning her in
the present volume, had long enjoyed a bad reputation as a
hot-bed of piracy, and with the best of reason. Even worse
than Carolina were the Bahamas, which belonged to the
same Proprietors and were equally uncontrollable. There
the charges against the Governor, Nicholas Trott, were of
the gravest, for it was alleged that he had not only trafficked
with Every alias Bridgeman, the most notorious pirate of
the day (928), but that he had played the part of a common
wrecker (1,034). There can, I think, be no doubt that Trott
was a great scoundrel, though it is hard to say whether he
was worse than the Quaker Governors, Markham of Pennsyl-
vania and Clarke of Rhode Island. But the most serious
oifenders of all, to all appearance, were the merchants of
New York, abetted almost openly by the King's Governor,
Colonel Benjamin Fletcher. It will presently be necessary
to follow Fletcher's career in detail; but first it will be
PRp]FACE.
xv
instructive to see what was the range of the pirates which so
greatly occupied the attention of the Council of Trade in
1698.
t e S teB in In former volumes of this Calendar we have seen little of
Indian Seas. pirates, privateers or buccaneers except in the Caribbean sea ;
and the Colony which was chiefly concerned, first in
encouraging and lastly in suppressing them, was Jamaica.
To all intent it may be said that these old buccaneers had
come to an end in 1697; but a new race of pirates had
carried their depredations into another quarter, the Red
Sea. The complaints of their ravages came no longer from
Spanish and English Governors but from the East India
Company, which viewed them not only with indignation but
with the greatest alarm. The first account before us narrates
the capture of seven ships belonging both to native owners
and to the Company in the Persian Gulf, the Gulf of Aden
and the Arabian Sea, John Hore being the captain of one
of the piratical craft, manned chiefly by Englishmen. It was
alleged that her crew had shared as much as 700 a man
(115 i). A second letter (201) gave a further account of
Hore and his consorts ; and a relation of an Englishman, who
was actually captured by the pirates ; affords an interesting
account of their methods, mentioning also the name of
Glover as one of the pirate-captains (224). By February.
1698, the matter was judged to be of such weight that the
great officers of State as well as the Council of Trade were
summoned to deliberate upon it. Fresh evidence kept
pouring in (234, 235), ail bearing witness to the havoc
wrought by these ruffians upon the commerce of the East
Indian seas, and to the terror of the East India Company lest
the native princes, in wrath at their losses, should avenge
themselves upon their factors. The pirates invariably sailed
under the British flag, and had consequently brought the
British name into general detestation. Moreover it \\as
absolutely certain that these predatory vessels were equipped
by British Colonists at various American ports, but chiefly
from Rhode Island and New York. The Council of Trade
xv i PREFACE.
therefore recommended that a squadron should be fitted out
without delay to root these plagues out of their base at
Madagascar, but adde'd that, unless the Proprietors of the
Proprietary Colonies were required to give security for the
good behaviour of their Governors, they saw no prospect of
putting an end to the evil. The King approved of the
recommendation as to the squadron, and ordered also that a
circular should be sent to all the Colonies (309), requiring
them to pass a stringent Act, on the model of Jamaica, for
suppression of piracy (265, 267). A severe bill for the
same end was also drafted from England (338).
The pirates' New information now arrived as to the fortified base from
base at
St. Mary's off which the piratical expeditions were despatched, at St. Mary's
Madagascar. A i
Island off Madagascar (279). It was under the command of
an old pirate named Baldridge, and was regularly furnished
with supplies and stores by Frederick Phillips or Flypse, a
merchant of New York and a member of Council. Then
came letters reporting that the Arabs of Muscat had caught
the trick of plundering British vessels from the British
pirates (383). Then came a long despatch from Edward
Randolph giving fresh evidence of the friendly feeling
towards pirates in Carolina, Philadelphia, New York, Con-
necticut and New Jersey (451), and of the profits made by
the Governor of Rhode Island by his connivance with them
(521). Then arrived a fresh batch of letters from the East
India Company setting forth the misdeeds of a still more
notorious pirate, Captain Kidd, with hints that, besides the
merchants of New York and Rhode Island, those of New
England were also in co-operation with him and his peers,
and that the Governor of Barbados held shares in the
venture (723 i.-viu). The impudence and also the cowardice
of these sea-robbers is well set forth in the narrative of an
Englishman who was a prisoner on board one of their vessels.
But the profits that they made were enormous (734). Fresh
evidence followed hard upon this (742, 743), a part of it
gravely incriminating Governor Fletcher of New York.
Incidentally there was given a curious example of the
PREFACE.
NVll
manner in which these thieves settled a difficulty that had
arisen out of the division of their gains. Fourteen pirates
on arriving at Madagascar found that their booty was in-
sufficient to reward them all, and therefore separated them-
selves into two bodies of seven to fight for what they had
taken. The contest must have been severe, for all seven of
one party were killed and five of the other, so that two men
finally enjoyed the whole of the booty (771).
Meanwhile the Council of Trade was busily advising with
the East India Company over the voyage of the squadron
which was to put down these pirates, making such progress
that early in March they were able to lay definite proposals
before the King (304, 327). Comparatively little was
known about the navigation of the East Indian seas, and
accordingly it was necessary to call upon the few skilled
navigators who had experience of them for information.
Captain Thomas Warren was the first of these (694), and
later on a more famous sailor, Captain William Dampier, was
summoned (851). After much discussion the instructions
of the Commodore in command of the squadron were deter-
mined (783, 788, 797, 806, 832, 882); a fifth-rate frigate
was added to the force originally proposed (703) ; and all was
ready for the deliverance of British East Indian Trade from
the piratical attacks of the British Colonies.
It remained next to assail the true source of the evil in the
Colonies themselves, which duty was assigned to Richard
Coote, Earl of Bellomont, the newly-appointed Governor of
New York and New England. He had sailed for New
York in the winter of 1697, but, being driven off the coast by
a gale, found himself in January in Barbados, having parted
company from every ship of the little squadron that had
sailed with him (158, 159, 181). The winter was unusually
severe, and many of the American harbours were frozen up,
so that perhaps he was fortunate in being blown off the coast
(326, 348). He did not leave Barbados until the 9th of
March nor reach New York until nearly a month later, being
xviii PREFACE.
finally sworn in upon the 2nd of April (347, 472). Upon
his arrival he found the Council very backward in offering
information or assistance ; and their attitude did not become
more friendly when he opened his reign by the seizure of
several vessels that were engaged in illicit trade. " I see by
their carriage," he wrote, "and by their resentment of the
" seizure [of an illegal trader] that the discharge of my duty
"has given them an unaccustomed disturbance." Further
enquiry revealed a large trade between Madagascar and New
York, and that three notorious pirates held Governor
Fletcher's commission. Moreover it appeared that Captain
Tew, one of the worst of them, had been publicly entertained
and caressed by Fletcher, and had given to the Governor, to
his wife and to his daughter large sums which could only have
been gained by piracy. There was evidence also that William
Nicoll and Nicholas Bayard of the Council acted as Fletcher's
brokers in his dealings with pirates at large (473). More-
over a captain of one of the King's ships showed such
reluctance to seize the crew of a piratical ship that Bellomont
was obliged to suspend him from his office. Lastly Mr.
Chidley Brooke, the Collector of the King's revenues and a
member of Council, announced that " the giving protection to
" pirates had not formerly been looked upon as so great a
" matter, and that all the neighbouring Governments had done
" it commonly. " To this Bellomont answered that they might
think it a peccadillo, but that the King regarded it as a high
offence. Thereupon he decided that Fletcher should be sent
home a prisoner to be dealt with by the King, and that
William Nicoll also should be suspended from the Council
and tried in the province (433). At the same time Bellomont
discovered that there had been great abuses in regard to illicit
trade, and that, although the city of New York had increased
greatly in wealth, the receipts from the King's customs
remained stationary (501, 513). Before long he judged it
necessary to suspend Chidley Brooke and William Pinhorne,
as well as Nicoll, from the Council (593), Brooke having
connived at the introduction of East India goods from
PREFACE.
xix
Bellomont's
excessive
hostility
towards
General
Fletcher.
Madagascar into New York, under the Governor's very nose
(593 ix, xn).
So far the evidence produced by Bellomont against
Fletcher, Nicoll and Brooke fully justified his action ; but
very soon he lost sight of his true objects, namely the
suppression of illegal trade and piracy, in the delight of
persecuting Fletcher and his associate. In the madness of
party-spirit which prevailed at the time, he was not content
with preparing punishment for genuine evil-doers, but must
needs espouse the cause of the deceased ruffian, Jacob
Leisler, and revive all the .old animosities which had been
aroused by his usurpation of power and his subsequent over-
throw. Before he had been at New York six weeks he
recommended several adherents of Leisler and bitter enemies
of Fletcher as fitting persons for Councillors (472 vi); and
he suspended William Pinhorne from the Council on the
most flimsy evidence of Jacobite sympathies (502 i, n.
593 vn). Moreover he exhausted himself in collecting proofs
that everything that Governor Fletcher had ever done in
New York was wicked and felonious. The documentary
evidence of Fletcher's dealings with pirates was quite serious
enough ; but Bellomont, although there were hundreds of
more important matters that urgently demanded attention,
now took him to task for his manner of announcing the
signature of peace to the Governor of Canada (394, 504), for
passing an Act injurious to the town of New York (593 i-in)
and finally for shameful treatment and defrauding of the
King's troops (p. 283), and for neglect of the defence of the
province. Then followed further accusations of wrongful
grants of land and of selling the Governor's garden (622,
622 i-xn). Yet in the midst of all this we see, to our amaze-
ment, Captain Adam Baldridge, the commandant of the
piratical base of operations at St. Mary's, Madagascar,
moving freely about New York, with the reputation of a
sober respectable man, obtaining free access to the Governor,
and actually proposing to him the settlement of a Colony at
XX
PREFACE.
Fletcher's
defence
against
Bellomont's
charges.
St. Mary's itself, which Bellomont in his innocence recom-
mended to the Council of Trade (622). The natural
inference is that Bellomont was more zealous than wise,
which indeed seems to have been the fact.
In July, Fletcher arrived in England and surrendered
himself to the King's pleasure (657); and meanwhile Bello-
mont paid the annual visit to the Five Nations, which was
the time-honoured method of renewing friendship and
alliance with them. Here finding fresh matter for
accusation against Fletcher for corrupt disposal of Crown
lands, he cancelled all the grants that he had made (822).
A month or so later he sent an agent, Mr. Weaver, to
England, loaded with evidence against the late Governor
(846, 859, 860); and in October the Council of Trade
made its first representation to the Lords Justices upon the
whole matter, supporting Bellomont's action throughout.
Pursuing his investigations he proceeded next to suspend
the remaining members of Fletcher's Council (p. 487) ; and
it is somewhat amusing to find that Abraham Depeyster,
one of Leisler's warmest partisans, who was now appointed
both a Councillor and a Judge, was, like his opponents,
suspected of complicity with illegal trade (879). It would
be wearisome to go into detail of Bellomont's further charges
against Fletcher, which will be found on Nos. 921, 929, 944,
978, 980, 981, and 988. There can be no question of his
energy, and he was not a little disappointed that, in spite
of all his voluminous despatches, he remained for six months
without a word from the Council of Trade (992). How-
ever, the Council was far from idle, for in November it
formulated its charges against Fletcher in seventeen articles
(1,007). To these he returned a reply which was certainly
more effective than could have been thought possible (1,077);
the explanation being, as already mentioned, that Bellomont,
in excess of Anti-Jacobite zeal, foolishly tried to turn every
action of his predecessor into a crime.
At this point this extraordinary story of rascality closes,
Acts of Trade. so f a r as the present volume is concerned ; and it is difficult
Demoralising
effects of the
PREFACE.
\\i
Encroach-
ments of the
French upon
the British in
North
America.
to say whether it reflects more discredit upon the Colonies
or on the Mother Country. There can be no doubt that
New York contained some of the greatest scoundrels in the
world, who were not, however, without their peers in other
of the Colonies. On the other hand it cannot be questioned
that the Acts of Trade exerted a most demoralising influence,
and were mainly responsible for the cynical immorality with
which the Colonial merchants made good the losses which the
war had brought upon them. Had trade been free and open,
they could have carried on their traffic with the East Indies
and the Dutch Colonies with perfect honesty; but being
hampered on every side by restrictions imposed upon them-
selves and by privileges granted to their more fortunate
neighbours, they were almost compelled to subterfuge and
violence to procure to themselves any commerce whatever.
The legislation which sought to ensure close trade within the
empire was the root of all the evil ; and, from the perusal of
the documents in the present volume alone, it is easy to see
that the system, if persistently followed, could not fail to bring
about a rupture between the Colonies and the Mother Country.
From the general consideration of Imperial concerns I turn
now to more particular treatment of affairs in each Colony.
In New York itself, as may be imagined, the advent of Lord
Bellomont and the oversetting of the easy methods which had
reigned before his coming, caused considerable tumult ; but
there remain one or two other points which are deserving of
mention. Of these, the most important was the attitude of
the French. Frontenac, an extremely able and ambitious
man, was not disposed to abandon the advantages which he
had gained over the Five Nations during the war, and was
pursuing them steadily until Bellomont's arrival. Bellomont,
however, to his credit, saw the danger, took especial pains
to conciliate the Indians and, in a very sharp letter, gave
Frontenac to understand that the British troops would
advance against him instantly unless he left the native allies
of England in peace (822 V.). This bold attitude was the
more necessary inasmuch as the French were inclined to
xxii PEEFACE.
encroach upon British America from every side. The
delimitation of the boundaries under the Peace of Ryswick
offered a good opportunity for them to press their pretensions;
and John Nelson, who was better informed than any other
man as to the ways of the French, was urgent that the
Council of Trade should be upon its guard, lest they should
contrive to oust the British from the fisheries on the coast of
Nova Scotia (21, 82, 948). To strengthen the hands of the
Council the old claimants to Nova Scotia produced for the
fiftieth time the musty deeds and grants upon which they
founded their proprietorship (151). Nor were the fears of
Nelson groundless, for the French at once demanded wider
boundaries than they had any right to claim, and actually
banished British fishing vessels from a part of the coast
(922, 986). In Hudson's Bay again they showed signs of
attempting to monopolise the fur-trade, without waiting to
fulfil the agreement required of them by the treaty (449,
486-488). This, of course, was the traditional policy of the
French monarchy, which was continued for yet another sixty
years before the British finally lost patience and rooted them
out of the continent. Since Bellomont was Commander-in-
Chief not only of New York but also of New England,
the adjustment of boundaries with the French was in itself
almost a sufficient occupation for him ; and he showed not
only spirit but good sense in threatening to curb Frontenac
from the very first by force.
Sweei New Another matter which concerned New York City very
Jei r sey an(1New llearl y> was an attempt on the part of New Jersey to set up
Perth Amboy as her commercial rival. In consideration of her
position as the frontier of the British territory towards the
French, New York had received the privilege of being the
sole port in the Hudson River, and, when New Jersey con-
tested her monopoly, the Council of Trade decided that the
privilege must be upheld (2, 69). This decision, however,
was by no means satisfactory to Governor Basse of New
Jersey, who, in defiance of the King's order, persisted in
asserting the right of his province to a free port at Amboy.
PREFACE. xxiii
Not content with this, moreover, he refused to extradite two
pirates, who had been arrested in New Jersey, to the
Admiralty Court at New York. This contemptuous
behaviour put Lord Bellomont upon his mettle at once, and
he wrote Basse a letter in terms so sharp that the two
prisoners were given up without more ado (622, 622 xii.). In
the matter of the port at Amboy, however, Basse persisted
in his defiance, with the result that the whole matter was
again referred home to the Council of Trade (695, 1,073).
These were the petty squabbles which kept the Colonies
divided against themselves even in the presence of urgent
danger, and which the King had no power to compose. He
might pass judgment upon a dispute, but he could not execute
it ; and the various provinces, fully aware of the fact, never
hesitated to reject his authority when it suited their purpose.
Massachu- of the rest of the northern provinces there is little to be
setts.
said. Massachusetts, under the rule of Lieutenant-Governor
Stoughton, was singularly quiet and peaceful, though none the
less she worked quietly and stealthily for emancipation from
the Acts of Trade. To evade the new Act for regulation of
the Plantation Trade the Assembly had passed an Act for
Courts, providing that all issues should be tried by a jury, and
thus striking at the root of the new proviso, that all offences
against the Acts of Trade should be tried by an Admiralty
Court, where there was no jury. This was precisely the same
shift as had been tried in Pennsylvania, and it met with the
same fate the royal veto. Another difficulty was that the
King had lately allowed to the officers of his Customs and
Admiralty Courts the right of appeal to him in Council. If
the Acts of Trade were to be enforced, this was unquestionably
necessary, for no Colonial Court would condemn seizures made
by the King's officers; but, on the other hand, it was an
undoubted hardship that those officials should have the power
to put the Colonial authorities to the expense of a re-trial of
their cause, possibly on frivolous grounds, in Ixmdon, three
thousand miles away. The Council of Trade was much
puzzled by this dilemma, for the new charter of Massachusetts
xx iv PREFACE.
certainly favoured the Colony's contention against this
power of appeal ; and yet it was obvious that the failure to
make provision for these cases under the Acts of Trade was
an oversight (677, 725). But in spite of these controversial
matters, any mishandling of which by the Council of Trade
would have raised an uproar, the condition of Massachusetts
was enviably quiet.
p- Very different was the case in the neighbouring province
Defiance of o f New Hampshire. There the lone-suffering John Usher
the Royal
authority. was still nominally Governor, without salary, without authority,
and without instructions. In the preceding volume of this
Calendar was given an account of the usurpation of his
Government by three dismissed Councillors ; and the first
notice of him in the present volume is of his supersession by
yet another usurper, Samuel Partridge, in defiance of the
King's order that for the present he should retain his post as
Governor (108). Usher therefore retired to Boston to await
the coming of Lord Bellomont, to whom the question of
New Hampshire, as indeed of all other difficulties, had been
referred for report (120). Partridge meanwhile announced
that he had taken up the reins of government (145), and at
once made friends of Usher's chief opponents; while the
Assembly, to aggravate the late Governor's mortification,
chose " a common drunkard and notorious felon" for their
Speaker (186). Stoughton at Boston seems to have been
much puzzled as to the duty required of him in respect of
New Hampshire, but wisely decided not to interfere (191).
The Assembly then sent to the Council of Trade an address
of thanks for substituting Partridge for Usher, which as a
matter of fact it had never clone ; and Usher, evidently not
unhappy at finding himself comfortably settled at Boston,
commented bitterly on the proceedings from a distance
(324, 454, 582), with an occasional diatribe against all Pro-
prietary Governments (947). He was presently avenged by
the arrival of Samuel Allen, the Proprietor, who assumed the
Government, and attempted to oust Partridge and his
associates, though without success. He soon found himself in
PREFACE.
XXV
precisely the same position as Usher, utterly powerless despite
the King's commission, and thwarted even at Whitehall by the
powerful influence of Sir Henry Ashurst, the Agent for
Massachusetts (1,022).
From the northern I pass to the middle Colonies, which as
usual were enjoying comparative repose. Pennsylvania, as
has been seen, was not without her troubles over piracy and
illicit trade, but Maryland was reasonably quiet and Virginia
positively torpid. Some small excitement, however, was
maintained in Maryland by the steady opposition of the lower
house of Assembly to Governor Nicholson, apparently by the
subornation of one Gerard Slye. Some of the messages
which passed between the Governor and the Assembly are
extremely ludicrous, though the wrangle at large, which may
be followed in the Journals of the House of Delegates, is
inexpressibly wearisome. In No. 329 for instance will be
found a brisk passage of arms over the payment of a
Minister for his sermon to the two Houses; the Council
urging that they were as good judges of a sermon as the
Delegates, and the Delegates retorting that, since the dis-
bursement of the public money was in their charge, it
followed as a necessary consequence that their own judgment
was superior. This called down a sharp rebuke from the
Governor ; and then arose another quarrel about the journals
of the Delegates, in the course of which it appears that the
House adjourned to the bedroom of the Speaker, who was
unwell, and solemnly held at least one sitting there. Mean-
while Gerard Slye found allies against the Governor in John
Coode, long a troublesome character, and one Philip Clarke
(371); and, being apparently heartened by their moral
support, he sent to England a long list of charges against
(Governor Nicholson. These are worth study (508) as an
indication of the menus by which an ignorant Colonist hoped
to discredit a Governor at Whitehall. Thus the first charge
\vus that he made his chaplain walk bareheaded before him
from home to church ; (In- second that at the beginning of
the Litany he kicked a worthy member of Assembly out of
xx vi PREFACE.
church ; the third that he went to receive the sacrament "in a
" military manner with drums beating, sword by side and
" flag flying on the house when divine service was said " ; the
fourth that he "disguised his chaplain in drink," and then held
him up to the reproach of the congregation. In very small
and primitive communities the mere whisper of such
accusations causes a stir, and men quickly take leave of their
sense of the ridiculous. Puffed up by his own importance,
Slye presently added a fresh list of charges as ludicrous as the
first, and shortly . afterwards found himself arrested and
brought before the Council, when he appears to have behaved
himself according to his notion of what was becoming in a
village Hampden (651). Before long, however, he was fain
to cry for mercy (790), and his allies also found themselves
in serious trouble (812). The House of Delegates, however,
at once espoused the cause of Philip Clarke, who was one of
themselves (925-927), and only after a long wrangle was
finally shamed by Nicholson into decent behaviour (975, 976).
The only other documents of any interest are an address
from the Council deprecating any restoration of the Govern-
ment to Lord Baltimore (518 iv.) and a lengthy report by
Nicholson upon the condition of the province generally
(760). In this last is a remarkable passage giving an account
of the French explorations along the Mississippi, and warning
the British Government of the danger lest the French should
encompass the English settlements on every side. Another
passage and an enclosure (760 v.) show that Nicholson had
no very friendly feeling towards William Penn (388), and
resented very strongly the independent attitude taken up by
the Proprietary Colonies, as demoralising both to themselves
and to their neighbours. For the rest it must be noticed that
in May he was promoted to be Governor of Virginia in place
of Sir Edmund Andros, and that Nathaniel Blakiston was
appointed to succeed him in Maryland (528, 679). Nicholson
seems to have deserved his advancement thoroughly, being a
man who thought more of the King's and the Colony's
service than his own. There is a pleasant notice of his
PREFACE. xxvii
providing Bibles, a reader, "and a mutton and maize for
" thirteen people every Sunday," at some cold springs to which
the poor were flocking, owing to the fame of extraordinary
cures wrought by the waters (544). Again when the King
desired "one hundred mocking-birds for his volery at Loo
" and any other birds or beasts that could be sent,"
Nicholson ordered notice thereof to be given to the poorer
people, saying that he would see himself that they were paid
(654).
Respecting Virginia the documents in the present volume
are of little interest, the most important of them being a
revelation of the corrupt practices which prevailed among the
Council, and which had already been exposed by Dr. Blair
(656). Incidentally the question was raised whether a
Scotchman could sit in the Council or Assembly of any Colony
under the new Act for regulating the Plantation Trade, for
Blair's openness in laying bare the misdeeds of the Virginian
Councillors had not gained him popularity in the province.
Strangely enough the same difficulty had arisen in Barbados
also, but was finally laid to rest by the opinion of the law-
officers of the Crown, that Scotchmen, being in law natural
born subjects of England, were Englishmen within the mean-
ing of the Act (608, 950, 951). It may be noticed that by
the royal instructions to Governor Nicholson the immunity
of Councillors of Virginia from civil process was abolished and
other of their privileges abridged ; and indeed it was high
time (819). For the rest, it appears that Governor Andros,
probably under the influence of some Councillor, protected
John Coode, the most troublesome of Nicholson's firebrands
from Maryland, in a fashion which was anything but friendly ;
and it is pretty clear that after more than twenty years of
work in the Colonies the old Guardsman was unfit for his
place (952). The only other document of interest is an
appeal from the merchants of Virginia and Maryland to the
King to make fresh intercession with the Tsar for admission
of their tobaccos to Russia (202).
xxvai
Barbados
Leeward
Islands.
Charges
against
Governor
Codrington.
PEE FACE.
Leaving now the continent of America I turn to the West
Indies, and first of all to Barbados. The first document
worthy of attention is an anonymous letter addressed to the
Agents complaining of the maladministration of justice and of
the diminution of the white men, which last is attributed not
a little to the " covetous desires of persons in the greater
" plantations to engross all the little ones and lay them to
their own " (52). Anonymous letters are rarely worthy of
notice. But this is an exception, since it takes some notice of
the needs of the Colony generally for defence, as well as of the
needs of the planters only for profit. Under the feeble rule
of President Bond, however, little initiative of any kind was
to be expected; and although in the course of 1798 he was
superseded by the appointment of Ralph Grey to be
Governor, there was not sufficient time for the new adminis-
trator either to enter upon any measure or to report upon the
general condition of the island before the close of the year.
In the Leeward Islands matters were far more lively.
During Admiral Nevill's stay at the islands while on his way
to St. Domingo he had received an anonymous letter, bitterly
complaining of Governor Codrington's tyranny and oppression;
and the same story with many additional accusations was
now brought forward by a planter named Edward Walrond.
The charge upon which Walrond laid most stress was that
Codrington had shielded one Captain Arthur from prosecution
for treasonable language against King William, because he
had himself employed Arthur in conducting illicit trade for his
own profit (31). Codrington at once answered with an angry
denial (219), and the Assemblies of Montserrat and Antigua
came forward to vindicate his good service to the
Government (293, 376 in.). But Walrond returned to the
charge with fresh allegations of the Governor's connivance at
illegal trade, supported by long and voluminous documentary
evidence (431) ; and, whether these were true or false,
Codrington now gave him a further opening by carrying on
a relentless persecution of one John Lucas of Antigua, who
PEEFACE. xxix
had been the author of the anonymous letter to Admiral
Nevill (765). Lucas, who seems to have been a most con-
temptible character, bewailed himself loudly to his relative
Lord Lucas ; and his cause was of course warmly embraced by
Walrond (605, 616, 626), who now appeared upon the scene
in England and became extremely busy in plying the
Council of Trade with documents in support of his charges
(639, 640). The Council, though fully alive to the patriotic
services of Codrington during the war, could not justify his
conduct towards Lucas, and ordered him peremptorily to
release him at once from the confinement in which he held
him, and to allow him to return to England (649).
Meanwhile Archibald Hutcheson, who had been Codring-
ton 's secretary in the West Indies and was now his Agent in
England, drew up many letters to the Council of Trade in
his defence (658-660, 669) and apparently not without
success; for NYalrond addressed indignant remonstrances both
to the King and to the Council of Trade, protesting that his
patriotic endeavours to bring a great criminal to justice were
defeated by official procrastination (671, 676). A fresh
lament from Lucas enabled him to resume his attack upon
Codrington, after which he waited for a month and then
made a second angry protest to the Council of Trade. " The
"particulars of Captain Arthur's case have been before you
" for ten months, and Governor Codrington's answer for four
" months, yet no report has been made I expected to
"have met in England with encouragement suitable to the
"services I had endeavoured to render by detecting villanies
"injurious to the public, but I can say that no man ever had
"less " (682, 722). This was on the 3rd of August, and on tho
10th he wrote once more in frantic indignation : "Governor
"Codrington has reached to that pitch of injustice that if all
"the ill practices of the Governors of the West Indies simv
"their first settlement were summoned up together, they
"would not be tantamount to his" (741). This is the
language of baffled vindictiveness; but the man was a good
XXX
PREFACE.
His guilt held
to be proved.
His death.
His services
and short-
comings.
hater, and after showering yet a few more depositions upon
the Council of Trade (774, 775, 779, 785) he was at last
gratified by the appearance of its report upon the whole case.
It was not complimentary to either side, but upon the main
issue the Council could not but come to the conclusion that
Codrington had not behaved as his duty required him either
in respect of the treasonable language used by Arthur, or in
his arbitrary persecution of Walrond and Lucas. Hutcheson
attempted still to prolong the controversy; for Walrond was
about to follow up his success by carrying his complaint
against Codrington to the House of Commons, when a week
later all further proceedings were stayed. Codrington had
been dead for two months, having breathed his last on the
20th of July (692, 834); and Walrond's triumph was only
over his corpse.
It is melancholy that the career of such a man should have
had so mean and sordid an end. Codrington had done very
great service to the State. He had taken over the administra-
tion of the Leeward Islands when their strength was paralysed
by internal divisions, and their courage damped by a success-
ful attack of the French. He assumed command of the
disheartened little communities with a firmness which
instantly restored confidence, organised their forces, drove
the French from St. Christophers and, with little or no help
from England but chiefly by the resources of his own purse,
preserved them against further mischief from the enemy and
kept hope and courage alive in them. Yet he was a true West
Indian planter, and could not resist the temptation of adding to
his already enormous wealth and influence in the various
islands. The Acts of Trade and Navigation furnished an
opportunity for making very large illicit gains. Every man
who possessed any capital was enriching himself by such
gains, and he, possessing larger sums than any, was able to
enrich himself more than others. Welcomed at first as the
saviour of the Leeward Islands, he was able to exert almost
despotic power, and, from using it wholly for the public
service, soon began to abuse it for his own profit. It was not
PREFACE.
XXXI
Jamaica.
Sir William
Beeston's
criticism of the
Acts of Trade.
possible that he should fail to make enemies in such a
position; and when these became formidable, he endeavoured to
crush them by arbitrary exercise of his powers. Then he was
beaten. He had stooped to the level of his brother-planters,
and they dragged him down to ruin. It is abundantly
evident that Walrond's motives in prosecuting him before the
Council of Trade were governed by no thought of the public
service. He was simply wreaking personal spite upon a man
whom he had once courted ; but he had right upon his side,
and the Council of Trade, though evidently reluctant to blame
Codrington, with great integrity upheld him. Happily this
miserable story has been forgotten, and Christopher Codrington
is remembered only by the library which he founded at All
Souls' College, Oxford, and the Theological College which
bears his name at Barbados.
Passing next to leeward we come to Jamaica, where the
peace was more welcome to no man than the hardly-pressed
Governor, Sir William Beeston. He had guided the island
through many misfortunes of war, earthquake and pestilence,
and for his reward had received little but hard usage at the
hands of Admiral Nevill. But, as has already been told, his
good service had won for him the confidence of the Council
of Trade, which rightly supported him through evil report
and good report. The emptiness of the British Treasury,
however, had driven him to great straits. The British fleets
had long been kept at sea by the contributions of himself and
his brother-merchants ; and the latter, growing weary of long
delay in repayment and of the receipt of bad tallies in return
for good money, would advance no more (90). His vexation
was aggravated by the only remedy proposed by the Council
of Trade stringent enforcement of the Acts of Trade and
Navigation. "Nothing is so ruinous to the settlement of
"these Colonies as these Acts, for we are not supplied [with
" European goods] from England nor suffered to be supplied
" from elsewhere. So too with our produce, the English send
" no ships to take it away and no one else is allowed to take
" it away, whereby the people lose their labour, charge and
XXX11
PREFACE.
His scruples
over the Act
for regulating
the Plantation
Trade.
" industry, and the King his customs. It is easy to show that
" but for those Acts this island would be settled and peopled
" without any charge to the King, and the customs from hence
"thrice larger any year than they are now" (91).
It may have been partly from resentment against these
commercial restrictions that Beeston hesitated at first to take
the oaths imposed upon him for the execution of the new
Act for regulating the Plantation Trade. As was seen in
the previous volume, he had scruples as to swearing to
execute an enactment which in his view and it was quite
correct was inexecutable. After mature reflection, however,
he decided to take it; whereupon two of his enemies in the
Council raised objections to its being tendered to him a
second time, and talked big of his having forfeited the
Government and incurred a fine of a thousand pounds. It
is easy to imagine how his tormentors seized the occasion to
bully him over this matter ; but the Council of Trade took a
sensible view of the question and declined to treat him as in
the slightest degree guilty of any fault (357, 652). His
enemies, however, once raised were not easily quelled, and
one of them, Richard Lloyd, finding himself unable to injure
the Governor, turned upon one of his friends, Sir John del
Castillo, the Agent for the Assiento, which was a business
very dear to Beeston's heart. Lloyd, who was apparently a
most ill-conditioned man, took offence because Castillo "did
not wait on him to his stirrup " at the close of a visit, and
with the primitive violence of the time proceeded to break
his head. He then called to his aid the Attorney-General,
Charles Brodrick, who was the second of Beeston's enemies,
and with him contrived a plan for injuring alike the Governor,
Castillo and the whole island by dismantling an earth-work,
of great importance to the defence of the country, which had
been constructed by Castillo at his own expense (547).
Beeston interposed to prevent this piece of mischief; and
Lloyd and Brodrick then took ship for England to calumniate
him at home (636, 704). On reading this repeated story of
PREFACE.
XXXlll
Evils of
patent- offices.
Bermuda.
slander and quarrelling in Colony after Colony, one wonders
how these cantankerous little communities ever kept together
at all.
For the rest Beeston, like his predecessors, found occasion
to complain repeatedly of the harm done to Jamaica by the
granting of offices in the Colonies to irresponsible individuals
by patent from the Crown (704, 890). He was also driven
almost to distraction by a new Act for settling the Royal
African Company, which in his opinion bade fair to destroy
the slave-trade and to make law and justice to cease in
Jamaica (1,028). Here, as in Massachusetts, the chief
grievance lay in the fact that any person, by laying an infor-
mation against an Agent of the Company at Westminster
Hall, might put him to the expense of a costly journey and
a still more costly suit in London, possibly to defend a
demonstrably vexatious action. The African Company since
its first foundation had given birth to endless controversies,
and Barbados like Jamaica was urgent for the destruction
of its monopoly (272). In no volume of this Calendar
more clearly than in this are shewn the incessant trouble
and friction that were caused by the privileges of monopolist
companies and the trammels of the Imperial Commercial
Code.
Respecting Bermuda there are few documents in the
present volume. Governor Goddard with a bad grace pro-
fessed submission to the King's orders to release his
predecessor and allow him to return home, not however
without insinuations that he had been guilty of traffic with
pirates (369, 647). It is likely enough that the accusation
was true, and by no means impossible that Goddard himself had
quarrelled with Richier over the division of the spoil ; for
with the possible exception of New York and the Bahamas,
Bermuda seems to have outdone all the Colonies in its wealth
of scoundrels. A new Governor, Samuel Day, was sent out
to supersede Goddard and found great disorder on his arrival.
"Several of the most eminent persons were in gaol on
4226 C
xxxiv PREFACE.
"account of fines set upon them without trial or process "
(899). To judge from the records of Bermuda for twenty
years past, the whole population at least deserved imprison-
ment ; and it will be curious to see whether Governor Day
succeeded better than his predecessors in keeping it in order.
Miscellaneous ^ f ew ^all matters alone remain to be noticed. The
matters.
first of these is that in the course of the year the Council of
Trade took up its quarters in the Cockpit, having been driven
from Whitehall by the fire, since which it had occupied tem-
porary premises (162). The second is an amusing offer of an
adventurer to admit the entire Council of Trade to a share in
his profits, if the members would but order the Governor of
Jamaica to advance him five hundred pounds to discover
silver mines (1,062). The third is a curious competition of
rival companies, one of them headed by Lord Cutts the
soldier whose love of a hot fire had gained him the name of
Salamander for the privilege of coining small money for
the Colonies (209, 223, 242, 276). The fourth is a letter
from a domestic servant, not a very common document two
centuries ago (107 I.). Its chief interest lies in the fact that
it begins with the words, "Dear father and mother, my
"humble duty presented unto you hoping that these lines
" will find you in good health as 1 am at this present, blessed
" be God for it " a formula which, with little or no altera-
tion, is still in common use among country-folks to this day.
But the most striking feature in this volume, it must be
repeated, is the evidence of the general demoralisation pro-
pagated through the length and breadth of the empire by the
Imperial Commercial Code. Its evils were glaring enough
in time of peace, but its true powers of mischief can only be
measured by the study of its effects during eight years of
war.
J. W. FORTESCUE.
COLONIAL PAPEKS
1697.
1697.
Oct. 27.
Whitehall.
Oct. 27.
Whitehall.
1. Council of Trade and Plantations to the Lords Justices
of England. In reply to Mr. Vernon's letter of 21st inst., we
represented to you on 26 July last the objections then made by
certain persons against receiving convicts in the Colonies. The
Agents of Virginia and Maryland in particular alleged that those
Colonies had received such prejudice by the entertainment of con-
victs that they now precluded themselves by law from receiving
them. We found no disposition to receive the fifty women convicts
then in question except in the Leeward Islands, and we accordingly
recommended that they should be sent thither. We can now add
only that we know of no colonies except Virginia and Maryland
which have passed laws against the reception of convicts (though
Massachusetts has always desired to be excused from it) ; and we
think that the unwillingness to receive convicts in other places
is more or less according to the different circumstances of each
place, and may vary according to the time in respect of war and
peace, and always according to the quality and circumstances of the
convicts themselves. Sif/ned, J. Bridgewater, Ph. Meadows, John
Pollexfen, Jo. Locke, Abr. Hill, Geo. Stepney. [Board of Trade.
Plantations General, 34. pp. 187-189.]
2. Council of Trade and Plantations to the Lords Justices
of England. Pursuant to your Order in Council of 23rd ult. we
have enquired into the petition of the Proprietors of East New
Jersey (preceding vol. X<>. 1,342). After inspecting their title we sub-
mitted certain queries to the law-officers, and obtaining their replies
we find that the Proprietors have no manner of right to constitute
ports, that before the separation of New York from the Jerseys New
York city was the port for both, that it is against all rule in England
to have two ports in the same river, that the merchants of New
York have frequently complained of the harm likely to come to that
city and province after the separation of the Jerseys from the
province, and that such harm will certainly come if East New
Jersey be allowed a free port. The most ever granted to the said
Proprietors was by an order of King James II. in 1687, permitting
ships to go direct to Perth Ana boy, though on condition that officers
were appointed to collect the same dues as are in force at N-w
York. It has always been our instruction to all Governors of New
York that no goods shall pass up the Hudson River without paying
duty at New York. We think that the province, being the frontier
of the British territories in those parts and therefore subject to
A 4549. Wt. 4226. 400. 16/5/1904. M. A
COLONIAL PAPERS.
1697.
Oct. 28.
Whitehall.
Oct. 28.
H.M.S.
Deptford,
Cowes.
Oct. 28.
H.M.S.
Deptford,
Cowes.
greater risk of invasion and charge for defence, should be allowed
to retain all privileges of this kind which do not infringe on the
rights of others. Signed, J. Bridgewater, Ph. Meadows, Jno.
Pollexfen, John Locke, Abr. Hill, George Stepney. {Board of
Trade. Proprietors, 25. pp. 176-185.]
3. Council of Trade and Plantations to the Lords Justices
of England. In the draft instructions for Mr. Grey we inserted
the names of iifteen persons whom we understood to be then, or to
have been very lately, of the Council. We have since learned that
mandates were given by the King in 1695 for the appointment of
Eichard Scott, Benjamin Cryer, Richard Walter and Thomas
Merrick, to the Council, though owing to the miscarriage of the
mandates by sea, these gentlemen have never been admitted. We
submit it to your consideration whether their names should not be
inserted in the instruction. At the same time the late Committee
of Trade frequently reported their opinion that the number of
Councillors should not exceed twelve, which we find to be agreeable
to the Constitution of the Island and to former Royal Instructions.
We think therefore that no more Councillors should be added till
the number be reduced to twelve. Signed, J. Bridgewater, John
Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Barbados,
44. pp. 104-105.]
4. Earl of Bellomont to William Popple. I fear I answered
yours of 16th too hastily, which I was not aware of till yesterday
when, reading it again, I was apprehensive that I mistook your
meaning. I therefore sent for Mr. Brooke and Mr. Nicoll on board
this morning, and they are of opinion that the King might dispose
of several thousand disbanded soldiers in New York, and that it
will in a short time prove an advantage both to the country and
to them, but they doubt much whether the people of New York will
be either willing or able to defray the cost of their transportation.
They think too that the soldiers will hardly be persuaded to go
there voluntarily, and that the way to effect their transportation
will be to send them in a regular body and in the King's pay and
to continue them some little time in pay, that they may have an
opportunity of betaking themselves to husbandry or other ways of
livelihood when they shall have come into the country and had a
little time to look about them. This is the substance of their opinion
in which I join them. Signed, Bellomont. 1J pp. Endorsed,
Reed. Read 1 Nov., 1697. ' [Board of Trade. New York, 7. No.
50 ; and 52. pp. 285-286.]
5. The New York Agents to William Popple. In compli-
ance with your request through Lord Bellomont, we reply that New
York will hold a greater number of men than the King will think
fit to send. If he will transport some thousands of men in his pay
to those parts and let them remain in his service, there will be no
occasion to disband them involuntarily. In less than a year most
of them will desire to be discharged and to make their own living,
the wages of labourers and handicraftsmen being very high and
provisions plentiful. Inland lands are to be bought at easy prices
from the Indians, and a great deal of land already appropriated lies
AMERICA AND WEST INDIES.
1697.
Oct. 29.
Crutched
Fryers.
Oct. 29.
Waterstock.
Oct. 29.
Whitehall.
uncultivated for want of people and may be leased on very reason-
able terms. Signed, Chid. Brooke, W. Nicoll. 1 p. Endorsed,
Reed. Read 1 Nov., 1697. [Board of Trade. New York, 7. No. 51;
and 52. pp. 286-287.]
6. Solomon Merrett to William Popple. I have received
yours of yesterday with letters to be forwarded to the Commander
in Chief in Newfoundland. I should be glad to send them, as it is
very necessary, but this is not the time of the year to send ships to
those parts, though possibly we may get in. About a fortnight ago
we attended the Admiralty by request with some of the Newfound-
land masters, who gave their opinion that it was possible to send a
ship there with advice, and I have heard since that the Admiralty
designed a ship to Newfoundland. This is the only opportunity
that I know of, but the news that some of our frigates have arrived
from Newfoundland may change the Admiralty's resolutions.
Signed, Solomon Merrett. %p. Endorsed, Reed. Read 30 Oct.,
1697. [Board of Trade. Newfoundland, 3. Xo. 88.]
7. Sir Henry Ashurst to Council of Trade and Plantations.
As to your question what provision can be made in Massachusetts
for disbanded soldiers who are willing to transport themselves
thither, I must submit that, having no directions from the Colony
therein, I can only give my own opinion. The charge of
transportation is so great that if any number of men were sent
over, the merchants usually had four or five years of their labour
to reimburse them. Many ships have been built and manned of
late years in New England, which has drained the country of men,
for, having no sea-commanders nor seamen in proportion to their
shipping, they have been forced to take land-men. On their
arrival here both the one and the other were pressed into the King's
service, which prevented them from returning, while many taken
by the French died of their hard treatment. If the King would be
at the charge of transporting two or three thousand men to New
England and allow them four months' subsistence they would have
time to turn themselves out and obtain good wages, and the
remainder (sic) may turn farmers. No doubt gentlemen will
employ them and give them corn and cattle to stock the ground.
If you desire it, I will refer your question to the Colony for a fuller
answer. Signed, Hen. Ashurst. 2 pp. Endorsed, Reed. Read
1 Nov., 1697. [Board of Trade. New England, 8. X<>. 128 ; and
86. pp. 318-319.]
8. Council of Trade and Plantations to the Lords Justices
of England. After consulting with the Agents of Jamaica, Barbados
and the Leeward Islands we find that they desire men-of-war to
attend those Colonies as has formerly been practised in time of
peace. We therefore recommend one fifth-rate to be appointed for
Barbados, one fifth or sixth-rate for the Leeward Islands, and one
fourth-rate and one sixth-rate for Jamaica, each of them to be
relieved annually by others of like force. Signed, Ph. Meadows,
John Pollexfen, Jo. Locke, Abr. Hill, Geo. Stepney. [Board oj
Trade. Plantations General, 34. pp. 182-183.]
COLONIAL PAPERS.
1697.
Oct. 29.
Admiralty
Office.
Oct. 29.
Admiralty
Office. '
Oct. 29.
Oct. 30.
Whitehall.
Nov. 1.
H.M.S.
Deptford,
Cowes.
Nov. 1.
Admiralty
Office.
Nov. 1.
Cowes.
9. J. Burchett to William Popple. The Admiralty, having
received no answer from you to their letter of 20 September as to
the alteration of the numbers and rates of the ships attending the
Plantations, command me to acquaint you that they have thought
it necessary to send orders by the ships going to New England for
the ships that are now there to come as soon as they arrive, not
knowing but that the said ships might sail before the receipt of an
answer from you, whereby the opportunity of sending these orders
might have been lost. Signed, J. Burchett. p. Endorsed, Reed.
Read 30 Oct., 1697. [Board of Trade. Plantations General, 4.
No. 70 ; and 34. p. 192.]
10. J. Burchett to William Popple. The Admiralty have
this day ordered an advice-boat to be fitted out at Plymouth to pro-
ceed with the notification of peace to Jamaica, Barbados and the
Leeward Islands, which vessel will shortly be ready for sail. The
Admiralty desire to know if the Council of Trade have any
despatches to send by her. Signed, J. Burchett. \ p. Endorsed,
Reed. Read 29 Oct., 1697.' [Board of Trade. Plantations
General, 4. A T o. 71 ; and 34. p. 193.]
11. Memoranda of the receipt of the preceding letter. \ p.
[Board of Trade. Barbados, 7. No. 45 ; and Leeward Islands, 5.
No. 59 ; and Jamaica, 8. No. 73.]
12. William Popple to J. Burchett. Both of your letters of
yesterday have been laid before the Council of Trade and Plant-
ations, by whose orders I send you packets for Jamaica, Barbados
and the Leeward Islands, to be sent by the advice boat from
Plymouth. I enclose also a letter to the Commander-in-Chief of the
forces at Newfoundland, to be sent to him if there be opportunity,
or if not to be returned to me. The Council of Trade on the 19th
laid before the Lords Justices their opinion as to the men-of-war
that should attend Barbados, Jamaica and the Leeward Islands in
time of peace. [Board of Trade. Plantations General, 34. p. 194.]
13. Earl of Bellomont to Council of Trade and Plantations.
I have received yours of 26th ult. with three proclamations, which
shall be duly published, as soon as I arrive at New York, which is
the first place appointed for me. Signed, Bellomont. lp. Endorsed,
Reed. 3rd. Read 4th Nov., 1697. [Board of Trade. New York, 7.
A T o. 52 ; and 52. p. 287.]
14. William Bridgeman to William Popple. I have received
yours of the 30th ult. with several letters for the West Indies and
Newfoundland. Those to the West Indies will be sent by the
advice-boat ordered thither ; but I return that for Newfoundland,
since the Admiralty does not think it proper to send any ship
thither at this time of the year. Signed, Wm. Bridgeman. $ p.
Endorsed, Reed. Read 1 Nov., 1697. [Board of Trade. Plantations
General 4, No. 72 ; and 34. p. 195.]
15. Receipt of Captain Nicholas Lydston for two packets to
be carried to the Governors of Maryland and Virginia. Scrap.
Endorsed, 11 Nov., 1697 (sic). [Board of Trade. Plantations
General, 4. No. 73.]
AMI.i;i< A \M) WEST INDIES. 5
1697.
Nov. 1. 16. Minutes of Council of Montserrat. " Ordered that
"whoever is buried hereafter within the church shall pay to the
"churchwardens 1,000/ta. 1 . of sugar, and defray the charges of paving
"it again." Agreed that the Council meet at 9 a.m. in future, and
that absent members pay twelve shillings. [Board of Trade.
Leeward Islands, 64. p. 526.]
Nov. 1. 17. Minutes of Council of Virginia. Order for such
Councillors as are Trustees of the College to acquaint their co-
trustees of complaints that they have not taken up the land granted
by the King on Blackwater Swamp and Pamunkey Neck. Order
for the interpreters to report as to the numbers and settlements of
the tributary Indians and for the surveyors to report what land
the Indians live on; also that no land be surveyed nor settled
within three miles of the Indian settlements. On the petition of
Joshua Broadhent, it was ordered that his arrears of salary be paid
and that his sloop be discharged from the King's service, his
seizures while cruising to suppress illegal trade not having
answered his expectation. [Hoard of Trade. Virginia, 53.
pp. 101-102.]
Nov. 1. 18. Journal of House of Burgesses of Virginia. The
Speaker acquainted the House that he had received an account of
liquor-duty from the Auditor, but that the accounts of Collector
Daniel Parke had not yet been given in. Order for the Auditor to
be instructed to obtain Parke's accounts without delay. The returns
of two newly-elected members were considered and the elections
approved.
Nov. 2. The book of Claims was received from the Council, with a
message asking for an allowance to the Sheriff of James City and
his officers for their attendance at the General Court. The House
agreed to amendments in this sense and returned the book to the
Council, who concurred in the same. Report was made to the
House that a further account of the liquor-duty had been received
from Colonel Scarburgh, and that the Auditor had given assurance
to obey the orders as to Daniel Parke. Committee appointed to
proportion the public levy.
Nov. 3. The Public Levy Committee presented a report recommending a
levy of IQlbg. of tobacco on every titheable person, which was
approved ; and a bill for a public levy was then passed through all
its stages, and sent up to Council, together with sundry orders for
payments, for concurrence. The Council having signified its con-
currence, the House attended the Governor by his order; and the
session terminated. [Hoard of Trade. Virginia, 52. pp. 312-318.]
Nov. 1. 19. Journal of the General Assembly of Virginia. The
Council considered the book of Claims and agreed to the same, with
the addition of an allowance to the Sheriff and officers of James
City for attendance at the General Court.
Nov. 2. Message from the Burgesses agreeing to the book of Claims thus
amended.
Nov. 8. The book of Proportions, the Treasurer's accounts, and the public
levy bill were received and agreed to; and the Governor then
dissolved the Assembly. [Hoard of Trade. Virginia, 52.
Pit. 53-56.]
i COLONIAL PAPERS.
1697.
Nov. 1. 20. Journal of Council of Trade and Plantations. Mr.
Bridgeman's letter of this day as to forwarding of letters read
(No. 14).
The Memorial of Sir Henry Ashurst of 29th ult. (No. 7), and
the letters from Lord Bellomont and the New York Agents of 28th
ult. (Nos. 4, 5) as to disbanded soldiers were read.
Mr. Perm attending desired to know the matters of fact charged
against Governor Markham in the matter of protecting pirates.
Several depositions were thereupon read to him, to which he
answered that Donaldson, against whom complaint was made, had
been put in at Newcastle by Governor Fletcher, and that other
reputed pirates had settled there in Governor Fletcher's time. He
added that he was ready to remove Markham if required. In
answer to a question he said that Philadelphia contained about
fifteen hundred houses.
Nov. 2. Mr. Nelson brought in a memorial relating to Nova Scotia
(No. 21), and said that he was now going to France, and would
send further information from thence.
Sir William Beeston's letter of 15 July received and read.
Mr. Penn gave in copies of papers relating to Governor
Markham's conduct.
Nov. 8. Governor Nicholson's letter of 31 August last read.
Memorial from the Barbados Agents as to the laws concerning
white servants read (No. 22). Order for a representation to be
drawn upon the subject of the small encouragement offered by the
Colonies to disbanded soldiers to transplant themselves.
Nov. 4. Lord Bellomont's letter of 1st inst. read (No. 13).
Representation as to the transplanting of disbanded soldiers
signed (No. 25). [Board of Trade. Journal, 10. pp. 332-337.]
Nov. 2. 21. John Nelson to Council of Trade and Plantations. I
have received your orders to lay before you my opinions in this
present conjuncture of peace with the French. I notice in the 8th
Article the Commissioners are to be appointed for the settling of
limits or exchange of lands, and determination of differences. For
the information of our Commissioners I would offer as follows :
(1) Great care should be taken that the French do not in virtue of
the 7th Article (which restores to them Port Royal and the Coast of
Acadia) exclude us from the fisheries on the said coasts upon the
high seas. This they have formerly endeavoured to do, and on this
pretext they have seized several of our vessels in time of peace, the
ground of their pretension being what was done by the late Sir
Thomas Temple (before the surrender of the country to France in
1670). He built forts and took other measures for protection of the
fishery, and received from every vessel sea-fishing (that is to
say making or drying fish on the shores) 5. The French
were at first contented with the same sum from those that
used their coasts, exacting nothing from those that made their
voyages on the high seas or wooded and watered in their
harbours. But in process of time, according to the caprice of their
Governors, they have extended their pretensions to every part of the
high seas, and though we never conceded them yet they often made
prize of our vessels sea-fishing until at length some provision and
AMERICA AND WEST INDIES. 7
1607.
redress was made by the Treaty of Neutrality of 1686. Reference
should be made to this treaty ; but unless provision and settlement
be made in express manner and form this matter will be a perpetual
cause of disturbance in those parts. It will obstruct the employ-
ment of over 1,000 iishermen, to the impoverishment of the Colonies,
the destruction of trade, and the diminution of the revenue. It
must be remembered that whatever is taken out of the sea by our
fishery is so much ready money or bullion imported into the realm
from foreign nations. We have justice on our side and likewise all
uninterrupted custom and usage from the first settlement in those
parts until late years ; and though fisheries on the high seas have
sometimes been the dispute of nations, yet we find that all claim
an equal right to possess what they can get from that unstable
element, if without use of their neighbours' shores, etc. To remove
all ground of dispute it is of the utmost importance not only to
maintain our right upon the high seas, but to establish the mutual
privilege of refreshment (such as wood and water) for money for
the subjects of each nation on the shores of the other.
(2). Boundaries and trade with the Indians are also most
important questions, especially between New York, where the French
continually encroach and will encroach on us by the advantage
which they have from the rivers and lakes at the back of our
Colonies. Though they have no settlements there they pretend to
appropriate the sole right of traffic with the Indians, whereby we
shall be confined within the narrow bounds of our settlements.
Formerly this limitation and pretension were unknown, and our
people were free to journey and traffic with all the natives in those
lakes and rivers. These privileges should, I presume, be reasserted.
(3). It is most necessary that provision be made for the mutual
peace and safety in regard of the Indians, that neither party shall
abet the Natives in any war or attempt upon the other, but on the
contrary that, on complaint of the suffering party, the other shall
consult and agree as to the methods for reducing them to peace.
To this end and to remove all suspicions of secret connivance or
underhand dealing, the Governors of either nation should be per-
mitted to send or to appoint a person to reside with the other, not
only to consult and advise as to the prevention of such mischiefs
but to be eye witnesses of the faithfulness of each side's intentions,
and to detect and bring to punishment those persons who for their
private advantage infringe the regulations that may be agreed to
on this subject. These three subjects are of the utmost importance,
and I trust that you will represent them as such. Signed, Jno.
Nelson. 4pp. W ith abstract attached. Endorsed, Reed. Read
2 Nov., 1697. [Board of Trade. New England, 8. No. 129 ; and
36. pp. 310-317.]
Nov. 2. 22. The Agents for Barbados to Council of Trade and
Plantations. In reply to Mr. Popple's letter of 26 October last
we have no Act in Barbados obliging planters to keep one white
servant for every ten negroes, nor after long search through
volumes of laws and enquiry from many gentlemen who have been
of the Council and Assembly, can we discover that there ever was
such an Act. We have no rule to guide us in calculating how
COLONIAL PAPERS.
1697.
many white men are wanting in Barbados to make up the propor-
tion of one white man to every ten negroes, but we guess that there
are about two thousand wanting to supply the militia of the Island
according to the present establishment. But several of the gentle-
men here, who have estates in Barbados, tell us that they have
already taken effectual measures (as they think) for supplying their
plantations with white men. Colonel Salter, who was for several
years of the Council of Barbados, is lately dead in England.
Signed, Edw. Littleton, Wm. Bridges, Fran. Eyles. 1 pp.
Endorsed, Eecd. Read 3 Nov., 1697. [Board of Trade.
Barbados, 7. No. 46 ; and 44. pp. 106-108.]
Nov. 2. 23. Minutes of Council of Barbados. Lieutenant-Colonel
Markland sworn of the Assembly. The King's order for reducing
late Russell's regiment to a company of 100 men was read, and
order was given to Major Garth to proceed accordingly. Militia
bill further amended and sent down to the Assembly. Bill for
printing the laws read, and order given to the Deputy Secretary to
compare the different copies of the laws and revise them, receiving
100 for his trouble. The Assembly brought up the Habeas Corpus
and Militia bills, and the last amendments to the Militia bill having
been discoursed, the Assembly took it back. The President informed
the Assembly of the orders given as to the laws and as to Russell's
regiment, adding that the Council designed the frigates to cruise off
Martinique but that the ships needed provisions which the Assembly
should supply, and that it was intended to fit out a sloop to cruise
with the frigates. He asked also if prize-liquors were to pay duty,
for if so it would eat out all their value.
Nov. 3. Habeas Corpus bill thrice read and passed. The Assembly
brought up the Militia bill, which was read a third time and passed,
and agreed to give legal security to such as would advance ,200 for
fitting out the frigates, and desired that the 112 soldiers, to be
formed in a company, might be subsisted for one month. Order
for delivery of stores to H.M.S. Bideford. The Assembly brought
up an address to secure, up to the value of 300, those who would
advance money to fit out the ships of war. Sundry orders as to
payments, remission of duty on prize-liquors, and supplies for the
frigates. Order for borrowing (with the Assembly's consent) the
300 voted to the late Governor Russell from his executors, for
supplying the frigates. Orders for H.M. ships Bideford, Bona-
venture and Newcastle to cruise off" Martinique and for a sloop to be
taken up to accompany them. [Board of Trade. Barbados, 65.
pp. 251-255.]
Nov. 3.' 24. Minutes of Council of Virginia. Order for the discharge
of four Indian prisoners in Stafford County, no charge having been
proved against them. The petition of John Childs and George
Marrable, for patents for land called the Main, near James City,
was referred to the King's Counsel for report.
Nov. 4. The Agents of the Governor and Council of Maryland addressed
the following memorial to the Governor. A murder having lately
been committed by Indians unknown to our Government, we beg
you to cause enquiry to be made after those Indians in your
Government, as was lately done in Maryland for an Indian murderer
AMERICA AND WEST INDIES. 9
1697.
who had tied thither from Virginia. There is a notion among the
Indians in Maryland that if they commit any crime there they will
not be punished for it in Virginia : we beg you to make them
sensible of their error. We beg you also to prohibit the sale
of powder and ball to the Indians who have left Maryland for
Virginia : and the Governor of Maryland will do the like for
you. The said Indians have carried away with them and
since purchased great quantities of both. We beg you also to
send some gentlemen to Stafford County to discourse the said
Indians, in the presence of gentlemen to be sent from Maryland,
to show them that your government will not protect them, as also
to enable the gentlemen of Maryland to make proposals to them.
We beg you also to send gentlemen to the fort of the Indians in
Virginia to ascertain whether there are any strange Indians among
them, their numbers, and whether they have dispersed themselves
to hunt, as usual, for it is apprehended that there may be Jesuits
or other Frenchmen among them. We beg you also to cause your
rangers to settle somewhere convenient towards the head of Potomac
River, and to instruct the commanders of the rangers and of the
militia of Stafford County to hold frequent correspondence with
Colonel John Addison and the rangers of Maryland, who have
already instructions to do the like towards your officers. We beg
also that you will give orders for the rangers of Maryland and
Virginia to agree upon an alarm and to forbear tiring or holloaing
at night except on occasion. These proposals are submitted to you
by the Governor and Council of Maryland with the advice of the
Presidential Court, the Grand Jury of the province and several
gentlemen lately employed to visit the said Indians. [Board <>j
Trade. Virginia, 53. pp. 102 and 104-106.]
Nov. 4. 25. Council of Trade and Plantations to the Lords Justices
Whitehall. of England. In reply to Mr. Vernon's letter of 13th ult. respecting
the settlement of disbanded soldiers, we report as follows. By the
original constitution of Virginia anyone arriving there as a freeman
(that is to say paying the cost of his own transportation) has a right
on his first arrival to fifty acres of land, upon which to seat himself,
though we are obliged to add that, owing to irregularities which
have long been practised in engrossing all the lands that lie con-
veniently for trade, any land now falling to the share of a person
arriving there would be of small advantage to him. On the other
side, labouring hands and in particular handicraftsmen of all kinds
are much wanted there and in Maryland, so that beyond doubt all
such persons as are willing to work will find employment there
and at much higher rates than they would receive in England. In
Jamaica the inhabitants during the late war being sensible of then-
weakness and under continual apprehensions of the French, passed
an Act to pay 7 for the passage of any man-servant brought
thither, with 1 to the master of any ship that brought them, giving
entire freedom to the persons so imported to choose their own
employment and make their own terms with employers. But, their
fears being dissipated by the peace, it is not to be expected that
they will be very willing 'to comply with this Act, though it remain
yet in force. On the contrary though the Agents confessed that
10 COLONIAL PAPEES.
1697.
Jamaica was capable of extraordinary improvement for the advan-
tage of England, }^et the planters there will not now think it their
interest to invite others thither (as by the Act aforementioned) to
make any improvements beyond what they themselves can manage.
The only expectations of advantage for labourers and handicrafts-
men of all sorts there is as before expressed, though probably
greater than in Virginia, Maryland or any other place. The
inhabitants of the Leeward Islands during the late war passed
an Act offering '2,QOOlbs. of sugar (about lO sterling) for every
man-servant that should be brought thither, and empowering
the Governor to dispose of such servants among the planters,
to serve according to the terms of the said Act and pay the
price accordingly. But to this information the Agents have
added their opinion that if the regiment which is now there
should be disbanded and the two companies in St. Christophers
restored out of the regiment, the remainder of the men would
stay there and apply themselves to planting. This those Islands
esteem the properest supply of men that could be made for them,
beyond which they would at present need very few. In Barbados
there was passed in 1696 an Act, to continue in force three
years, offering the importer of English or Scotch man-servants
between the ages of sixteen and forty the sum of 18. The Agents
are of opinion that any person transporting himself and offering to
serve upon that condition may receive that sum, which, allowing
Q for his passage, leaves 12 for his own use. In New York and
Massachusetts there is no settled allowance to encourage persons
to import themselves. Wages there, as in all parts of America,
are higher than in England, though not so high as in the places
already mentioned.
It is our opinion that it may be for the King's service in the Lee-
ward Islands to disband the regiment there, as proposed, and direct
the Governor to give all fit encouragement and assistance to such
men as are willing to remain there and apply themselves to planting.
We think that the same thing is also expedient in Jamaica, as
represented in our report of 6 July last. As to the transportation
of disbanded soldiers to any other Colony, if the King pleases to be
at the charge of it, the most solid encouragement that can be
depended on is the gain that may be made by industry, especially
in any handicraft employment. The freedom of working is in our
opinion more for their advantage than the recompense offered in
Barbados and the Leeward Islands for four years' service. But
without either such service or that labour we know of no advantage
that can be proposed to them from the laws, customs or circumstances
of those countries. Of all places, Virginia, Maryland and Jamaica
are those which not only afford the fairest prospect to those who
shall be transported thither, but where also the labours of such
persons will most redound to the benefit of this kingdom. If the
King should not please to be at the charge of transporting any
disbanded soldiers in this manner, it remains only that those who
are willing to be transported as servants for a certain number of
years apply to the merchants dealing with the said Plantations, and
make their own terms with them beforehand. Signed, J. Bridge-
water, John Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade.
Plantations General, 34. pp. 196-203.]
AMERICA AND WEST INDIES.
11
1697.
Nov. 4.
Whitehall.
Nov. 4.
Whitehall.
Nov. 4.
Whitehall.
Nov. 4.
Whitehall.
Nov. 5.
Nov. 6.
Whitehall.
26. Order of the Lords Justices of England in Council.
Ordering a copy of a representation of the Council of Trade,
relating to the men-of-war that may be henceforward necessary to
attend the Islands of Barbados, Jamaica and the Leeward Islands
to be referred to the Admiralty for their report. Copy. \ p.
Endorsed, Reed. 10th. Read llth Nov., 1697. [Board of Trade.
Plantations General, 4. No. 74 ; and 34. p. 205.]
27. Order of the Lords Justices of England in Council.
Approving the representations of the Council of Trade of 2 Sep-
tember and 28 October (Xo. 3), and ordering Mr. Grey's draft
instructions to be prepared for signature, with an additional
instruction appointing Richard Scott, Benjamin Cryer, Richard
AValter and Thomas Merrick to be of the Council. t'opy. \ p.
Endorsed, Reed. 20th. Read 22 Nov., 1697. [Board of Trade.
Barbados, 7. Xo. 47 ; and 44. pp. 110-111.]
28. Order of the Lords Justices of England in Council.
Approving the representation of the Council of Trade that no more
members be added to the Council of Barbados till its number be
reduced to twelve, and ordering the Council of Trade to guide
itself accordingly. Copu. $ p. Endorsed, Reed. 6th. Read
8th Nov., 1697.
Duplicate copy of the above order. 1 p. [Board of Tradv.
Barbados, 7. Xo*. 48, 49 ; and 44. pp. 108-109.]
29. Order of the Lords Justices of England in Council.
Approving the recommendations of the Council of Trade that the
30 per cent, deduction from the pay of Captains Hide's and Weems's
Companies, from their raising to their disembarkation at New York,
be not required of them, that an account of the deduction of 30
per cent, since that date be sent to Lord Bellomont for transmission
to England, and that the Council's recommendation, for a total
revocation of the aforesaid deduction, be laid before the King.
Sinned, John Povey. 1$ pp. Endorsed, Reed. 6th. Read 8th
Nov., 1697. [Board of Trade. New York, 7. Xo. 53 ; and 52.
pp. 288-291.]
30. Receipt given by the master of the ship Hope for a
packet directed to the President of Barbados. Sinned, Thomas
Driffield. p. [Hoard of Trade. Barbados, 7. Xo. 50.]
31. James Veriion to the Earl of Bridgewater. Forwarding
certain papers, with the Lords Justices' orders that copies be sent
to* Governor Codrington for his answer to the accusations against
him therein, that he be required further to report fully on the pro-
ceedings against Captain Arthur, and that Colonel Holt also, if he
return to England, be examined as to his knowledge of the matter.
Sinned, Ja. Vernon. p. Endorsed, Reed. Read 8 Nov., 1697.
Annexed,
81. i. Edward Walrond to the Earl of Bridgewater.
Antigua, 2 August, 1697. I think it my duty to bring
the following matter before you. Captain Robert
Arthur, formerly commander of H.M.S. Mary, was
cashiered by a Council of War for embezzling the King's
12 COLONIAL PAPEES.
1097.
stores and would probably have suffered death for the
crime had not the gunner (the most material evidence)
run to Martinico among the French, whereby his proof
was avoided. This Captain Arthur, experienced in
villainies, did most abominably abuse King William, as
the three enclosed depositions will shew ; and on these
depositions legally taken by Colonel Henry Holt, of the
Council of the Leeward Islands, Arthur was committed
to prison. Our Governor, Christopher Codrington (who
was promoted by the King's favour to this Government,
whereby he has procured a vast estate), patronised this
Arthur and prevented him from being brought to due
punishment. The manner was thus : Hearing of
Arthur's commitment the Governor expressed mighty
concern for the same, and immediately ordered Thomas
Dimcombe, a justice of the peace, to take bail for
Captain Arthur. This he did, but to avoid the imputa-
tion of neglect requested the Governor's warrant to
bring the witnesses from on board H.M.S. Jersey that
they might be bound over to prosecute at the sessions.
Justice Duncombe avers that he asked three several
times for this warrant, but the Governor refused him
with some heat of words, saying that he would take
care himself that the witnesses should be forthcoming.
This pretence, however, was but collusion to stop
the current of justice, for, when Arthur was tried, the
witnesses were then on board H.M.S. Jersey which was
then employed upon some frivolous pretence, which
kept her away from the island. Arthur was found not
guilty for want of evidence, upon which, perceiving the
intrigue, I gave in the enclosed remonstrance to the
Chief Judge and the rest of my fellow- justices and
desired that it might be read publicly and recorded,
which was done. The justices thereupon made strict
enquiry how the witnesses were avoided, and Justice
Duncombe, in vindication of this conduct, declared the
aforesaid circumstances of the Governor's refusing
his warrant, otherwise he had been fined severely for
his neglect. The Governor then recommended Arthur
to Admiral Nevill with a large character for courage and
merit, representing that the Admiral would find him
very useful in the expedition against Pointis's squadron.
But Mr. Yeamans, being present, told the Governor
that Captain Arthur could not sail with the Admiral, as
he had not yet stood his trial. The Governor said he
thought the depositions malicious, whereupon the
Admiral very modestly and ingeniously advised Captain
Arthur to stay and assert his innocence and then his
accusation would redound to his advantage. One of the
deponents, Mr. Henry Walrond, also informed the
Governor in the face of his Council that Captain Arthur
had said that the Governor durst not prosecute him,
since he knew and could declare worse things of the
AMERICA AND WEST INDIES. 18
1697.
General than what had been alleged against himself;
and though Arthur was in the town where the Council
met when Mr. Walrond said this, yet the Governor
never sent for Arthur to examine him as to this so as to
exhibit his own innocence. This information of Mr.
Walrond was given some time after Arthur's trial, when
Mr. Walrond and the two other witnesses were
summoned before Council to repeat their evidence in
case new matter could be found to bring Arthur to a
second trial. This was the Governor's new policy to
palliate what he had done before, but it was so
apparently hypocritical that it could not have the
designed effect but rather aggravated his guilt. Your
Lordship well knows that the Governor is above censure,
so I remit this account to you to take such methods
therein as you think meet ; and if you think
fit to call me to the attestation of these allegations I
shall be ready to confirm them by oath. As a further
test of Governor Codrington's misgovernment it is
observed that his most intimate friends and councillors
are Jacobites, as Mr. Palmer and Colonel Charles Pym,
who are in especial favour with him. You will doubtless
be amazed to hear of such ingratitude in Governor
Codrington after the favour and trust given to him b}'
the King, but when men put their whole confidence in
the things of this life, it is no wonder that they are so
wavering in their opinions, for the heart of man is
deceitful beyond expression. I regret to trouble you
with a matter of this kind, but how otherwise shall I
escape the censure of being deemed one of those who,
if they are not with the Government,' are against it? I
beg therefore that you will hold no sinister opinion of
me on this account, for I am zealous for nothing but
the honour of the King's Government. Signed, Edward
Walrond. 4 pp.
81. n. Deposition of Richard Pickstock, 19 Feb. 1696-7.
That in December 1696, he heard Captain Arthur use
the following language, viz. : that King William's con-
federacy with the Duke of Savoy and other princes was
only to the impoverishment of the Kingdom ; that the
Duke of Savoy was now reconciled to the French King
by marriage, and had lately sent to demand two millions
and a half of money from King William to pay the cost
of maintaining his army against the French during the
past two years ; that the King thereupon ordered a bill
to be paid by the City of London, to which the City
replied that it was already so much impoverished that
it could not and would not pay it, whereupon the King
was forced to draw a bill upon the States, which after
much scruple was at last with difficulty paid ; likewise
that King William had never done good to the Kingdom
since he came to the Crown, and had carried off all the
plate and furniture from Whitehall to Holland.
14 COLONIAL PAPERS.
1697.
Deposition of Henry Walrond, of same date. I
heard Captain Arthur say that since King William had
come to the Crown of England he had done no good, for
God's curse hung over him for taking it from his father
to whom it justly belonged ; that the King under
pretence of making war against France had carried away
all the money from England to make a bank in Holland,
was building a finer house in Holland than Whitehall,
had carried thither all the plate and furniture from
Whitehall, and after making peace with France would
make war with the Crown of England.
Deposition of Clayborne Haselwood, of same date.
I heard Captain Arthur say, damn King William, he
never did any good to England since he came to the
Crown, only robbed the nation to make a bank in
Holland, so that the nation might be so poor and
disabled that it could not stand up in war against him.
Copies. 1 large pa/je.
31. in. Remonstrance of Henry Walrond to the Justices of
Sessions. My duty to my King and Country compels
me to speak. Shall crimes against the Governor be
prosecuted with so small industry and the offender be
censured in no proportion to the crime, as in Mr.
Weaver's case, and yet suffer the King's honour to be
traduced and the delinquent to pass unnoticed? Such
proceedings may produce ill effects, for if our sense of
allegiance will not move us to vindicate the King's
reputation, at least our sense of gratitude should do so.
I need not repeat the King's care for these Colonies, not
only in obstructing the enemy's attempts but in
enabling us to offend them. We may without flattery
call him our guardian angel, but let us not give him
occasion to withdraw his favour from us. This is the
Englishman's time of trial ; let us quit ourselves with
loyalty for our self-preservation and not trim with the
Government for fear of a revolution, but heartily support
the present reign by discouraging both foreign and
domestic enemies. This is surest testimony that we
are zealous for our country's good. I remonstrate this
to your consideration as this case of Captain Arthur
requires, who through the neglect to bind over the
witnesses against him has avoided condign punishment
for seditious language. Copy. 1 p.
31. iv. Copies of certain orders of Governor Codrington.
Order to Captain Bugden, of H.M.S. Jersey, 3 April, 1697.
To secure and keep Henry Walrond on board, that he
may be forthcoming to answer for several complaints
of injustices committed by him on board H.M.S. Jersey.
Another order of the same to the same, 8 May, 1697.
To deliver Henry Walrond to the Provost Marshal of
St. John's to answer and satisfy his creditors.
Copies. Inscribed, These orders were procured from
the Governor by the desire of Mr. Walrond's creditors.
AMERICA AND WEST INDIES.
15
1697.
Nov. 8.
Whitehall.
Nov. 8.
Admiralty
Office.
Nov. 8.
Nov. 9.
Nov. 10.
After he had given the said creditors satisfaction, the
Governor took no further steps that Mr. Walrond should
be bound over to prosecute Captain Arthur, and he was
therefore dismissed. 1 p.
31. v. Deposition of Henry Walrond. Antigua, 26 July,
1697. At the end of May I was summoned together
with two other witnesses before the Governor, to give
my evidence anew against Captain Arthur, when
having nothing new to allege against him, I told the
Governor that Arthur had said that the Governor durst
not prosecute him, for he could prove that the Governor
had said and done worse things against King William
than what was deposed against him. On this the
Governor only said that Arthur was mad. 1 p. [Board
of Trade. Leeward Islands, 5. Nos. 60, 60i.-v. ; and
(without enclosures) 45. p. 103.]
32. Order of the Lords Justices of England in Council. A
report from the Admiralty, dated 6 November, was read, agreeing
with the recommendation of the Council of Trade that one fifth -
rate man-of-war be appointed for Barbados, one fifth or sixth-rate
for the Leeward Islands and a fourth-rate and a sixth-rate for
Jamaica. Ordered accordingly. Copy. 1 p. [Board of Trade,
Plantations General, 4. A T o. 75 ; and 34. p. 206.]
33. J. Burchett to William Popple. Pray remind the
Council of Trade that they have not yet informed the Admiralty
whether they propose any alteration of the numbers or rates of the
ships attending New England and Virginia. Sif/ncd, J. Burchett.
%p. Endorsed, Reed. Read 10 Nov., 1697. [Board of Trade.
Plantations General, 4. No. 76 ; and 34. p. 203.]
34. Journal of Council of Trade and Plantations. Lord
Bridgewater gave in Mr. Edward Walrond's letter of 2 August, with
its enclosures, containing complaints against Governor Codrington,
the whole being covered by a letter from Mr. Yernon of 6th inst.
(No. 31). Order for copies to be sent to Governor Codrington for
his reply.
The Orders in Council of 4th inst. relating to Councillors in
Barbados (Nog. 27-29) and the deduction from the pay of the forces of
New York were read. Order for a letter to Lord Bellomont to be
drawn, in accordance with the letter.
The Board was occupied with the business of the Irish linen
manufacture.
Mr. Burchett's letter of 8th inst. read (A T o. 33). Orders given
to the Secretary for his reply thereto (No. 38).
Letter of this day's date to Governor Codrington signed; and
order given to the Secretary to write to him likewise on the subject
of correspondence (Nos. 39, 40).
Sir William Beeston's letter of 27 January last read. Ordered
that in the next letter to Governor Codrington he be directed
to send intelligence from time to time to Jamaica. The papers
enclosed by Sir William Beeston were then considered.
16 COLONIAL PAPERS.
1697.
Nov. 11. Two Orders in Council of 4th and 8th inst. as to men-of-war for
the West Indies were read (Nos. 26, 32), and a postscript added to
the letter to Governor Codrington accordingly. Mr. Hutcheson,
Governor Codrington's Agent, asked for a sight of the complaints
against him, which was granted.
Mr. Penn's letter of 9th inst. read (No. 35). Order for his reply
to Governor Nicholson's answer to the Pennsylvania merchants to
be communicated to Governor Nicholson, and for the paper of
queries as to the Act for Ptegulation of the Plantation Trade to be
returned to him, as things not proper for this Board to undertake
the explanation of.
Nov. 12. Mr. Stoughton's letter of 30 September last read.
Colonel Quarry attending, reported that the Commissioners of
Customs had shown some displeasure at his referring to this Board
matters which belonged to their province. The Board accepted his
offer to send information from Pennsylvania, for which he was now
departing.
Letter to Lord Bellomont as to the pay of the New York forces,
signed (No. 44). [Board of Trade. Journal, 10. pp. 338-347.]
Nov. 9. 35. William Perm to William Popple. The enclosed papers
await the perusal of the Council of Trade. The queries seem to
need a private answer, and I beg since the law of 10 per cent, is
returned to the Attorney General after being reported injurious to
trade, by which means (the fleet proceeding in a few days) we may
be liable to great oppression in Maryland I beg that the Council
of Trade will intimate to Governor Nicholson to forbear that prac-
tice upon us, because the law will not have the King's approbation
here. I have forborne the noisy attendance of twenty or thirty
merchants with an address against it, hoping the Council of Trade
will think it reasonable to do something by this opportunity, or it
must lie by these six months for aught I knew, for so the Attorney
General tells me that the rest [of the laws] must before he can
despatch them, which to us would be a great delay of justice.
Signed, Wm. Penn. Holograph. Memo. The paper of queries
above mentioned were returned to Mr. Penn on 11 Nov., 1697.
2 pp. Enclosed,
35. i. A reply to Colonel Nicholson's answer to the
Pennsylvania merchants' petition. The first part of
the answer denies the premises, for if we have free
passage of allowed commodities, paying only such dues
and customs as were or should be imposed by the laws
of England to Pennsylvania, then no law of any
province under the Crown of England ought to obstruct
the free passage of such goods as have already paid
in England, in their passage to the province they are
consigned to and have already paid to go to. Nor is
it the practice of any nation to require such dues
except those where the goods are consigned and sold.
So that the law of Maryland does not make it the
more lawful because it' is not the law of England,
but injurious to its trade as well as to the people of
Pennsylvania. The second and third branches require
AMKKICA AND WEST INDIES. 17
1697.
no other answer than that we claim freedom by a use
that is all over America, and which Maryland cannot
of right break, for it is expressly against a clause of
privilege in Lord Baltimore's patent to all the King's
subjects that shall make that province their way to
others which they inhabit. And if the Pennsy Iranians
carry away any of the growth of the province without
payment of that which is required by the laws of
the province, it is the duty of the officers of the Govern-
ment to prevent it, which may be done without
involving and bringing the growth of England under
the same custom with the growth of the province.
As to the fourth branch, we cannot understand
how we prejudice the trade of Maryland by bringing
English goods to Pennsylvania in ships bound to
Maryland for tobacco. If they are aggrieved by
our importing our own growth amongst them
they may forbid it, as they have done our beer
though they often want it to furnish the homeward-
bound fleets, having little or none of their own make ;
but that can be no argument why we must not bring
English goods through Maryland to another of the
provinces ; nor does Governor Nicholson treat New York
at the same rate, though as much under the lash of the
law as we are, which is a partiality added to illegality.
To the fifth branch, we reply that Lord Baltimore's
patent gives no power to lay impositions upon English
goods not bound for the province, but through it to
another province under the Crown of England. To the
last branch we need only say that Governor Nicholson's
commission cannot invalidate former grants, as is
observed by him in his fifth branch, nor authorise him
to make laws against the trade and good of England nor
the common privileges of another province ; so that the
power of law-making, urged by the paragraph in excuse
of this law, cannot excuse an abuse of such a commission
and authority, for which reason we pray we may be
relieved from so intolerable a grievance. 2^ pp.
85. n. Copy of a letter from Samuel Carpenter to William
Penn, 30 July, 1697. Your letter required an answer
to complaints objected against this Government in
England on account of prosecutions, for the King,
protecting of pirates, &c. As to the prosecutions we
know of no failure on our side, but on the contrary
there have been zealous prosecutions on the King's
account, and condemnations obtained. As to the
privateers, as soon as information was given our
magistrates caused such of those named in the pro-
clamation as were in this place to be apprehended ; and
they are now in close prison. We have sent their
examinations herewith to thee ; how the}' will be
further proceeded with we cannot tell, their crimes
having been committed super altnm marc, where we
18 COLONIAL PAPEKS.
1697.
are of opinion that our province Courts have no
jurisdiction ; and we are most of us of opinion
that the Governor cannot grant a special com-
mission for the trial without encroaching on the
jurisdiction of the Court of Admiralty. By this thou
mayest perceive that we labour under a burden which
should necessarily be removed. We therefore desire
thy consideration and care of the matter and thy speedy
answer concerning it, though we think it will come too
late for this particular case, supposing that Governor
Markham will take some course to try them. A fuller
authentic answer to thy letter we cannot now give, but
hope we may very speedily, if not prevented by thy
speedy coming hither, which we hope and earnestly
desire for thy good and our comfort and the prosperity
of the Province. Signed, Sam. Carpenter [added in
Penn's hand] on behalf of the most eminent for estate
and employment in that province. 1 pp. The whole
endorsed, Eecd. 10, Bead 11 Nov., 1697. [Board of
Trade. Proprieties, 2. Nos. 3, 3i., n.]
[Nov. 9.] 36. Memorandum of receipt of the above letter. [Board oj
Trade. Maryland, 3. No. 44.]
Nov. 9. 37. Minutes of Council of Virginia. Colenel Thomas Tench
brought a paper of proposals from the Governor of Maryland (see
No. 24), of which, by his request, consideration was deferred
until to-morrow.
The papers from Maryland being considered, it was resolved
that it is not desirable to make enquiry after or proclamation
against undisturbed persons ; that the report in Maryland, that the
Indians hold that they will not be punished in Virginia for crimes
committed in Maryland, is groundless ; that the prohibition to sell
arms and ammunition to particular Indians is neither advisable
nor available, and that the Council see no cause to send any gentle-
men to the said Indians ; that the commander of the rangers on
Potomac have long been instructed to correspond with Colonel
Addison ; that the general alarm of Virginia is the firing of three
guns at convenient distances, and that any disorders at night are
punishable. Ordered that a copy of the present resolutions and
former orders be sent to the Governor of Maryland. [Board oj
Trade. Virginia, 53. pp. 103-107.]
Nov. 10. 38. William Popple to J. Burchett. In reply to yours of
Whitehall, gth inst. the Council of Trade, having neither been informed what
ships of war now attend New England and Virginia nor having
received application from any persons concerned in those Planta-
tions, has nothing to offer you on that subject. [Board of Trade.
Plantations General, 34. p. 204.]
Nov. 10. 39. Council of Trade and Plantations to Governor
Whitehall. Codrington. We have heard nothing from you since our former
letter of 2 July, and have no information to give you except of the
death of Colonel Hill and the appointment of Captain James Norton
AMERICA AND WEST INDIES. 19
1G97.
to be Lieutenant-Governor of St. Christophers in his place. What
chiefly concerns this letter is only a letter received by the Earl of
Bridgewater from Mr. Edward Walrond, dated 2 August last, and
containing several complaints against you. We send you copies
thereof for your answer thereto, and you will give us a full account
of the proceedings taken against Captain Arthur. Signed, J.
Bridgewater, Ph. Meadows, John Pollexfen, John Locke, Abr. Hill,
Geo. Stepney. P.S. The Admiralty have received orders to send
a fifth or sixth-rate to attend your Government in time of peace.
[Board of Trade. Leeward Islands, 45. pp. 104-106.]
Nov. 10. 40. William Popple to Governor Codrington. Forwarding a
Whitehall. re am of ruled paper, with instructions as to the future conduct of
correspondence. [Board of Trade. Leeward Islands, 45. pp. 107-
108.]
Nov. 10. 41. Minutes of Council of Massachusetts. Orders for pay-
ment of 99 for sixteen field-carriages for guns, of 45 to
Chirurgeon John Cutler for cure of sundry sick and wounded sea-
men and soldiers, of 5 for incident charges, of 70 to Secretary
Addington for his extraordinary service last year, of 6 to Addington
Davenport, Clerk of Assembly, of 20 to the owner of a negro who
was impressed and died on board ship, of 20 for disbursements in
farming out the excise, and of 10 to Nathaniel Byfield and others
for their visit to the troops in the Eastern parts of the province.
On consideration of the subject of the convoying of the salt-ships
to Salt Tortudas, it was advised that H.M.S. Orford having but one
deck be not employed on the service. [Board of Trade. New
England, 49. pp. 123-127.]
Nov. 10-11. 42. Minutes of Council and Assembly of Antigua. The
Assembly sent a message that the Act for Courts had been much
amended by them, but would be ready for Council at next sitting.
Messages passed between the Council and Assembly as to the
alleged carrying of provisions to the French at Martinique by
Barry Tankard. After inquiry and hearing of evidence, the
Governor agreed to the request of the Assembly that the men of
Tankard's sloop should be secured on her return. Request of the
Assembly for the calling of a General Council and Assembly within
thirty days. Orders as to grants of land. [Board of Trade.
Leeward Islands, 64. pp. 215-218.]
Nov. 12. 43. Archibald Hutcheson to William Popple. I return a
written relation of what I have to offer respecting Governor
Codrington. Signed, Arch. Hutcheson. P.S.l lodge next door
but one to the White Periwig, about the middle of Pell Mell, on the
square side of the way. p. Endorsed, Reed. Read 15 Nov., 1697.
Enclosed,
48. i. Archibald Hutcheson to Council of Trade and Planta-
tions, 12 November, 1697. I have seen Mr. Edward
Walrond's information against Governor Codrington,
and doubt not to answer it satisfactorily. Meanwhile
that no impressions to Governor Codrington's prejudice
may remain, and that you may judge of the probability
20 COLONIAL PAPERS.
1697.
of this accusation, I enclose a copy of my last memorial
to the Treasury relating to him, a memorial of his
services, a letter to Mr. Lowndes on the same subject,
and part of an address and certificate referred to in the
memorial. I remained in the Leeward Islands until
1692, and was till then an eye-witness of the services
that I have mentioned ; and since then I have constantly
corresponded with Governor Codrington. But my testi-
mony is the least in importance as to his character, which
is well known to all of any note concerned in Barbados
and the Leeward Islands. If you consult the Agents for
the Leeward Islands, who are eminent on the Exchange
here and. have considerable estates there, and who
correspond constantly with the Councils, Assemblies and
principal inhabitants of the Islands, they will give you
an account of him, inconsistent with Mr. Walrond's
representation. It is certain that on the first notice of
the Revolution Colonel Codrington appeared for the
present Government, and has since on all occasions
exposed his person and employed his purse in the
service. He both commended and encouraged his son
to attend the King every campaign of the war, and the
whole tenor of his conduct has been a contradiction to
any inclination to King James. He has also made
considerable improvements in the French part of
St. Christophers, which will now be a loss to him,
and this was scarcely done in any hopes of King
James's return. I quite agree with Mr. Walrond
that Governor Codrington is highly obliged to the
King's grace and favour ; but he has not gained a
great estate by the Government. He has indeed a
great estate, for he has the best in Barbados, and
better than any other three in the Leeward Islands.
But he had all this before he was Governor, and has
thereby been able to support the expense of that post,
for his salary, were it duly paid, would do but little
towards it, and the inhabitants, as you may see from
the enclosed papers, have nowise assisted him therein.
I have been informed that for some time past Governor
Codrington and Mr. Walrond have not been on good
terms, from which perhaps his professed zeal may have
received part of its warmth. However this may be, it
is evident that his arguments against Governor
Codrington and the narrative of his own loyalty make
up a much greater part of his letter than the facts he
relates. I beg you to consider these memorials and to
recommend them, if you think fit, to the Treasury.
Sif/ncd, Arch. Hutcheson. 1 pp.
43. n. Memorial of Archibald Hutcheson, agent for
Governor Codrington, to the Lords of the Treasury. In
April, 1695, 1 presented to you a memorial praying that
the salary of Governor Codrington (75Qper annum) and
the contingent charges of his Government might be paid
AMERICA AND WEST INDIES. 21
1697.
by the sale of a sufficient proportion of the 4^ per cent.
duty on the spot, or that the husband of that revenue
should be instructed to pay the same out of the produce
thereof. This memorial you referred to Mr. Blathwayt,
and I was instructed to move you again in the matter,
when any of the said revenue should arrive. I
accordingly did so by a new memorial in December,
1695, and you informed me that you would direct the
salary to be paid out of the produce of the duty here.
I again applied to you in May, 1696, and was answered
as aforesaid, but as yet you have made no order therein,
nor since then have I troubled you with further
applications. Governor Codrington has always
expressed great zeal for the King's service, as the
annexed memorial will shew, and has commanded
his only son to attend the King every campaign,
assigning him for his expenses all his salary as
Governor of the Leeward Islands ; but since this has
not been paid since 26 October, 1694, the son has been
obliged to run into debt to pay the expenses of the two
last campaigns. I beg therefore that you will direct the
salary and contingent charges to be paid either by sale
of a sufficient proportion of the 4^ per cent, duty on the
spot or out of the produce thereof here. Copy. 1 p.
Copy of a former memorial of Archibald Hutchesou
to the Lords of the Treasury in April, 1695. This
rehearses the King's orders for the payment of Governor
Codrington's salary out of the 4 per cent, duty, and the
due payment of the same from the sale of the produce
thereof in the Leeward Islands till October, 1694, in
which year an Order in Council directed the produce of
the duty to be sent home in kind ; and begs that the
salary may be paid by those that sell the produce of the
duty either in England or on the spot. 1 p.
Copy of a letter from William Blathwayt to the
Treasury, 1 May, 1695- Recommending orders to the
Collectors of the 4 per cent, duty in the Leeward
Islands to pay to Governor Codrington his salary from
that revenue on the spot. p.
Memorial of Governor Codrington's services. 1. He
accepted the Government of the Leeward Islands in
July, 1689, when they were in a most distracted
condition, and St. Christophers was already taken by
the French. He brought back the Irish papists in
Montserrat to quiet loyalty, and within four months of
the arrival of the first squadron from England destroyed
St. Martins and St. Bartholemew and greatly damaged
Mariegalante. 2. The squadron which brought him his
commission as Captain-General arrived on 1 June,
1690. On 21 June he landed in St. Christophers, and
in three weeks he had recaptured the island and sent
all the French away, with a loss to himself of no more
than a hundred men. 3. In April, 1691, he raised what
COLONIAL PAPERS.
1697.
troops he could, and destroyed Mariegalante, and the
leeward part of Guadeloupe. 4. He raised 1,000 men
to join Colonel Foulke's force against Martinique and
accompanied it himself under Colonel Foulke's command
sooner than that the King's service should suffer. The
failure of the expedition was due to no fault of his.
5. Soon after his entrance into the Government he
bought with his own money powder and stores for the
islands, and has continued to do so, without any interest
or gratification. On 18 August, 1692, the Islands owed
him 1,895, and Antigua alone, besides her proportion of
that sum, owed him .640 in money and near 100,OOOZ6s.
of sugar. 6. His predecessors have usually received
a considerable present from the Islands on first taking
office, and yearly allowances afterwards. He himself
has never asked for sixpence, but assisted them with
money as aforesaid. He has also advanced money for
the Kegiment there without interest. Near 1,000 is
owing to him for the same at this moment, and 1,500
for the frigates. 7. He has always shewn zeal for the
present Government, and though his advantages from
his post have been less than those of his predecessors,
his hardships, fatigue and expenses have been greater.
The Lords of Trade have twice represented his good
services to the King, on 24 June, 1690, and 8 January,
1693-4 ; and the King has accepted of them. 2 pp.
43. in. Certificate of the General Assembly of the Leeward
Islands, 18 August, 1692. As to the money advanced
by Governor Codrington to the Leeward Islands
(see par. 5 of preceding memorial) for which he has
asked no interest nor gratification, nor even abatement
of the levies on his estate, having always paid his full
share of taxation like all other inhabitants. 1 pp.
Extract from an Address of the General Assembly
of the Leeward Islands to the King and Queen. Novem-
ber, 1691. Bearing witness to Governor Codrington's
good service to his Government. p.
43. iv. Copy of a letter from Archibald Hutcheson to the
Secretary of the Treasury. 9 July, 1697. Governor
Codrington is now three years in arrear of his salary,
during which time he has paid all the contingent charges
of Government with his own money and is now
considerably in disburse on that account. For two
years past I have represented this to the Lords of the
Treasury, but without obtaining any final directions
thereon. My last memorial on the subject, with a
memorial of Governor Codrington's services, has been
lodged with Mr. Glanville for several months, and I am
persuaded that if it were read, its prayer would be
granted. I would add that though in arrear of his own
salary and in great disburse for the contingent charges
of his Government, and although in repayment for
1,500, which he advanced for the King's ships, he
A. \IKRICA AND WEST INDli.s.
1697.
Nov. 12.
Whitehall.
Nov. 13.
Goodman's
Fields.
received tallies which his Agents here could not sell for
900, yet notwithstanding all this discouragement he
continues to pay for the maintenance of St. Christophers
Fort and other contingent charges of Government ; and
in his last letters of 1 May, 1697, he writes that he
was then disbursing several hundred pounds to supply
H.M.S. Colchester with provisions. I beg you on this
gentleman's behalf to procure that his memorial may
be read and that you will give your kind assistance in
procuring the dispatch of an order by the Lords of the
Treasury thereupon. 1 pp. [Board of Trade. Lee-
ward Islands, 5. Nos. 61, 61i.-iv.]
44. Council of Trade and Plantations to the Earl of
Bellomont. We have received yours of 1st inst. from H.M.S.
Deptford. This is to acquaint you that the Lords Justices have
ordered that the 30 per cent, deduction is not to be made from the
pay of the two New York Companies before their arrival at New York,
and that an account is to be given of the 1,690 unappropriated
overplus of that deduction, and transmitted by you on your arrival.
You will take note of these orders. Signed, Ph. Meadows, Jno.
Pollexfen, Jno. Locke, Abr. Hill, George Stepney. [Board of
Trade. New York, 52. pp. 291-294.]
45. Francis Jones to William Penn. In reply to yours I
must confess that I wrote to Governor Nicholson in a heat,
occasioned by my want of sailors to man a ship built in your
province, Colonel Markham having commissioned one Day to go
out privateering (who has since been forced into Cura9oa where he
sold his ship) and on which ship seamen entered themselves as fast
as I shipped them in my own. I desired Colonel Markham to
order it otherwise, when he answered that Day was down the river
out of his reach, and that they had not force in the province to
command him. Thereupon knowing that there were several men-of-
war in Virginia and Maryland I in that heat wrote to Governor
Nicholson, not supposing that any further use would be made of my
letter, for notwithstanding the heat that has happened between
Colonel Markham and myself I must do him the justice to assure you
that in my judgment no fitter person could be found to govern in
the King's interest and the province's. I have lived under his Govern-
ment for five years, during all which time his Government has been
to the satisfaction of the substantial inhabitants and traders in
general of the province. Only within this year or two some turbu-
lent and discontented people have come here from other Colonies,
who have picked occasion to bold correspondence with Maryland
(an absolute enemy to the prosperity of Pennsylvania) particularly
one Snead, a Jamaica man of passionate temper and unworthy of
your notice, being of little or no reputation, very indigent of money
to compass a small plantation, and a fellow that has little or no
credit given to his words. Next, as to Every's crew, I was in
Pennsylvania when the proclamation for apprehending them came
out, at which time Colonel Markham at once issued a warrant for
their apprehension, and had all that were in the province committed
24 COLONIAL PAPERS.
1697.
to the common gaol. By assistance of their friends they after a
short confinement broke out of prison and escaped in the night
(except one who was stopped, and was in prison when I left
Pennsylvania). Immediately thereupon hues and cries were issued
and sent to the neighbouring Colonies for their apprehension,
Colonel Markham offering a reward of 5 for each man. It is not
strange if Maryland endeavours to subvert your Government, since
they so publicly show their disaffection to its trade by laying an
imposition of 10 per cent, on all European commodities imported
through their country, though a " pennard " [? pennyworth]
thereof be not exposed to sale in their province, nor a penny benefit
received of them ; while at the same time all goods from New York
and Virginia are free. There is also a custom upon all wine, beer,
rum, etc., though they would want all these, as well as sugar and
molasses, if Pennsylvania did not supply them, they having their
chief supply of that and their ships of bread and flour con-
stantly from Pennsylvania, having none of these things of their
own importing or making. As to running tobacco from the
head of the bay from Maryland, that is a general mistake, the
inhabitants of Pennsylvania forbidding it by a particular law of
their own making. Instead of that there was to my own knowledge
about 100 hogsheads of tobacco transported last year from Penn-
sylvania to Maryland, partly by permit of Colonel Nicholson, the
tobacco being for export to England by that way. It is also an
error that the Cura9oa trade is encouraged by Colonel Markham,
for it is contrary to the interests of the merchants to bring Dutch
goods thence to Pennsylvania. It is true that a trade is driven to
Cura9oa, but not to the prejudice of the King's customs, provisions
being shipped from Pennsylvania to Cura9oa, " for which is given
"in return heavy pieces of eight at 4 shillings to 4 shillings (?),
"the which advances about 75 per cent, in Pennsylvania, the
" which money the same vessels generally carry to the salt-ponds,
"and there load home to Pennsylvania with salt, which, with the
"advance the money yields, affords more profit than any Cura9oa
"commodities, without the risk of being seized can do." As to
Scots trading, I know not what may have happened in the infancy
of the province, but since my five years of constant trading in
Pennsylvania no such trade has been encouraged but quite the
contrary, there being sufficient security taken for every vessel that
loads thence, and not above one that I ever heard of whose bond
was forfeited, when the vessel was confiscated accordingly. Little
tobacco can be exported thence because the inhabitants incline to
the husbandry of tilling corn. I believe that not above 1,000 hogs-
heads are made in the province annually, and so few of them
shipped to the plantations abroad that the King's customs must
go an inconsiderable way towards the paying of three officers, who
I hear were sent to the river Delaware. If the traders there were
inclined to false and irregular methods (which is not worth their
while), thirty officers would be little enough to prevent it, owing to
the length of the river and the conveniency to be found in it.
Y T our country daily improves with inhabitants, and is cultivated
with an industry much exceeding the neighbouring provinces.
Hence their envy and malicious endeavour to hinder its prosperity
AMERICA AND WEST INDIES. -i:,
1697.
by having the Government altered. Without this the province will
in a little time be the flower of the whole continent. .Sty/m/, Fr.
Jones. P.S. I suppose the occasion of Colonel Harkham's grant-
ing a commission to Day was our having three sloops taken by the
French on the coast just before. Holograph. 4 pp. Endorted,
Heed. 15 Nov., 1697. [Board of Trade. 'Proprieties, 2. Xo. 4.]
Nov. 15. 46. Minutes of Council of Montserrat. Two patents for lands
passed to John Daly and Thomas Gibbons. [Board of Trade.
Leeward Islands, 64. p. 526.]
Nov. 15. 47. Journal of Council of Trade and Plantations. Mr.
Hutcheson's letter of 12th inst. read.
The Secretary produced a letter from Mr. Francis Jones tending
to the vindication of Governor Markham, which had been left with
him by Mr. Penn.
Order for a representation to be drawn as to the passing of a law
respecting trials for piracy in the Colonies.
Draft letter to Governor Nicholson agreed to. Order for a doubt,
expressed in his letter of 13 July as to trial for breaches of the Acts
of Trade, to be referred to the Solicitor and Attorney-General.
Nov. 17. Letter to Governor Nicholson signed and committed to Colonel
Quarry for conveyance.
Nov. 19. An anonymous letter to the Agents of Barbados was given in by
Lord Bridgewater (Xo. 52). [Board of Trade. Journal, 10.
pp. 347-349.]
Nov. 16. 48. Governor Fletcher to Council of Trade and Plantations.
New York. I have received no letters from you since my last. A brigantine
with a cargo worth .6,000, bound hither from England, has been
taken by a French privateer and carried into Canada. The French
Governor treated the prisoners kindly, giving them provisions and
other necessaries, and let them travel to Albany, whereupon with the
Council's advice I released an equal number of old men and women,
who had been captured by Indians and were a burden to the country,
and gave them necessaries for their journey to Canada. I send by
this vessel, which is without convoy, copy of the latest Indian pro-
positions. The province is safe, and the Indians of Albany have
had the advantage of the French both in slain and prisoners this
summer. We have heard some time that Lord Bellomont is appointed
Governor of New York and New England, and that the Fowey is
appointed to relieve the Richmond, bringing out clothing which is
much wanted for the four companies. But we have no account yet
of the Earl or his ship, which is a great obstruction to affairs, the
common people being of opinion that there will be no taxes for
carrying on the war after his arrival, and all that is raised will be
repaid them. I have cleared off the victuallers and staff and
warrant officers to the 1st of May. There is six months due to
them on the 1st inst., and since another Governor is appointed I
cannot have money upon bills for their subsistence. The Council
has agreed that if the victuallers raise money upon interest to
answer a further supply of provisions for the ensuing winter, they
will order the payment of the interest out of revenue. I doubt it
will be difficult to raise money on that order. I hope the Earl will
26 COLONIAL PAPERS.
1697.
soon arrive. If the clothing does not come quickly there is no hope
of getting up to Albany this winter, and the men are in extreme
want. On the 10th inst. I sent up 500, New York money,
towards the relief of the soldiers which will be some help, and I
should have gone there myself but for the daily expectation
of being recalled. The Lieutenant- Governor of Boston keeps
a constant friendly correspondence with me. He sent me
copy of your instructions for giving assistance to Colonel
Gibson in Newfoundland, and because the inhabitants of Boston
have great part of their bread from hence and have been in great
necessity, he wrote to me to perform the said order. The Council
agreed that the merchants of the city should be convened and your
letter laid before them ; and three vessels full of provisions were
quickly dispatched to Newfoundland, where we hear that the two
first are safely arrived. I bless God that my endeavours for the
province have not been ineffectual. It has improved more in
building and trade these last five years than in many years before,
as I shall be able to prove to you when I return home. Signed,
Ben. Fletcher. 3 pp. Endorsed, Reed. 7 Jan. Eead 10 Jan.,
1697. Enclosed,
48. i. The Agents at Albany to Governor Fletcher at Albany.
28 September, 1697. Three Cayouge Sachems came and
spoke as follows. Brethren, we come to lay before you
our poverty and that we are menaced by 'French and
Indian enemies. We beg you to assist us with powder
and lead, to enable us to annoy the enemy. (Here they
gave two otters and four beaver-skins.) We are sorry
to have to tell you of the loss suffered by the Senecas
in a fight with the Twitchtwichts. Our young men
killed several of the enemy but in their retreat some of
their chief captains were cut off. Pray give us wampum
to condole our dead, according to custom, for which we
give you these beavers. (Here they laid down ten skins ;
the wampum was immediately given to them, and the
next day appointed for a conference on the first proposi-
tion concerning powder and lead.)
On the next day we, the English Agents, said as
follows. You desire of us powder and lead. What
occasion have you for necessaries of war, and how
can you ask assistance from us when meanwhile you
have privily sent messengers to the Governor of Canada,
our enemy and yours, desiring to make peace? To this
the Sachems replied, that they knew nothing of it, had
no hand in it directly or indirectly, and never heard of
it until they arrived at Onandaga, in their journey
hither, where they were informed that messengers were
sent to Canada from thence, but only to delude the
Governor and gain time for their young men to hunt in
safety. For their own parts they said that they would
never agree to peace with the French Governor without
Governor Fletcher's and the Five Nations' approval, and
that they would also keep the covenant chain with the
Governor unrusted. We then thought it proper to put
AMERICA AND WEST INDIES. 27
1697-
more notions into their heads to keep them warm to the
war and to keep Canada in alarm of an attack this
winter ; so we desired that each Nation should furnish
us with twenty pairs of snow-shoes about Christmas
time, upon which we gave them seven bands of wampum
to communicate with all the Five Nations. Two days
after we had dispatched these Indians, three Seneca
Sachems arrived with us at Albany, gave furs, asked
for wampum, and gave the same assurances as the
Cayouges. We design to dismiss the bushlopers, their
service being chiefly in the summer. We undertook to
pay them when discharged, which we shall do by our
private bonds if money be not remitted in time, of
which no doubt you will take care, as your prudence has
already done much for the Colony and particularly for
the Five Nations, despite their occasional waverings.
Sif/in'd, P. Schuyler, Dirck W T essels, Dellius. 2 pp.
Endorsed, Reed. Jan., 1697-8 in Governor Fletcher's
letter of 16 Nov., 1697. [Board of Trade. New York,
7- Nos. 54, 54 1. ; and (without enclosure) 52. pp. 296-
298.]
^ov. 17. 49. Council of Trade and Plantations to Governor Nicholson.
Vhitehall. We have received yours of 13 July and 31 August to ourselves, and
of 30 June to the Privy Council. Your proposals, concerning
convoys are all answered by the happy conclusion of peace. We
learn that the merchants have had very good markets for tobacco,
so we hope that they will supply you with manufactured goods in
such plenty and so cheap that your people will have no encourage-
ment to go on making them there (as you say they were too much
inclined) but instead thereof apply themselves more industriously
to planting. However your observations on the subject and your
endeavour to promote what is apparently the true interest of
England therein will always be very acceptable. We have perused
the Journals and other public papers, and shall use them. But the
laws are still in the Attorney-General's hands, for we have been
obliged to return all of them to him for a full report on the whole.
We would remind you of what we have already writ to you on this
subject. Mr. Penn and others in Pennsylvania have complained
much of the laws imposing a duty of 10 per cent, on European
commodities exported from Maryland, as not only injurious to them
but an obstruction to the exportation of goods from England. We
have deferred answering until the law itself is before us. We send
you a paper of the objections, which by the style of it seems to have
been sent from Pennsylvania to yourself. Whether this be so or
not, some of the reasons contained therein, and the suggestion
that the exportation of goods from England is hindered, seem to us
to have weight in them, and that in any case partiality in the
execution of the law should especially have been avoided. ^ o
notice an entry in the Journal of the Council of 28 May, 1697, that
a letter from Mr. Povey was read, saying that he had not
been wanting to solicit us about Maryland coins. No such
application was ever made to us about that matter. A few
28 COLONIAL PAPERS.
1697.
loose papers on the subject were indeed handed to us on
our first entry upon a commission, as matters depending
before the late Committee, but we did not propose to move therein
till the laws came regularly for consideration before us. Your
information and suggestions in your letter of 13 July as to the Acts
of Trade are very useful, and we desire you to continue them;
but in future you will write on a distinct paper of all matters that
lie under the conduct of the Commissioners of Customs, and inform
us what portion of them you have communicated directly to the
Commissioners. We approve your zeal in issuing proclamations
and directions against pirates ; but we must point out that the
informations of Thomas Robinson and Francis Jones, as to the
conduct of the Pennsylvanian Government respecting pirates, is of
the less weight because it is not on oath. We suspend our judg-
ment thereon until we have seen their defence. The peace has led
us to enquire as to the encouragement that can be proposed in any
of the Colonies for disbanded soldiers to transport themselves
thither ; and it has been some inconvenience to us that there is no
Agent here for Maryland as for other Colonies. We fear that
the want thereof may be prejudicial to Maryland on some occasions,
owing to delays and loss of opportunities. Your remarks as to the
want of negroes and servants makes us desire more particular
information as to what ordinarily becomes of the white servants
sent thither, and you will report to us thereon. Your doubts about
trials for breaches of the Act of Trade have been submitted to the
Attorney and Solicitor-General. Signed, Ph. Meadows, Jno. Pollexfen,
Jno. Locke, Abr. Hill, Geo. Stepney. [Board of Trade. Mary-
land, 9. pp. 165-171.]
Nov. 17. 50. William Popple to the Attorney and Solicitor General.
Forwarding extracts from Governor Nicholson's letter of 13 July,
1697, reporting his doubts about trials for breaches of the Acts of
Trade. [Board of Trade. Maryland, 9. p. 170.]
Nov. 18. 51. Major Handasyd to William Blathwayt. I give you
s * Joh ^' s ' an account of the fortifications here and of the great mortality
ld among us since the fleet sailed hence on 8 October last. Eighty-
seven of the soldiers and two of the train of artillery are dead ; the
rest I hope may recover. In King William's Fort the guard-
houses, store-houses and barracks are finished, except the officers'
houses, which are unfinished for want of boards. The palisades
round the fort are set up, the gates and draw-bridges made, and we
are mounting the guns in the batteries, but shall want a great deal
of plank to finish them. I could not possibly get the boom across
the harbour's mouth for want of dry-timber, but I have taken care
to procure some, and shall have it laid across as soon as the frost is
gone. I am credibly informed that the enemy are in no condition
to make an attempt on us this winter, without more forces from
France. If they do come, I hope we shall shew ourselves to be
Englishmen and faithful servants of the King. I send home three
French deserters, from Placentia by their own account, by H.M.S.
Dreadnought, which after being shattered severely in several
storms came into the Bay of Bulls on the 6th inst. Three of the
convoy came in here, but four are missing, which makes me doubt
AMERICA AND WEST INDIES. 29
1697.
they have miscarried. MiV/jW, Tho. Handasyd. 1 J pp. Endorsed,
Reed. 13. Read 17 Jan., 1697-8. Communicated by Mr. Blath-
wayt. [Board of Trade. Newfoundland, 3. Xo. 89.]
52. Copy of an anonymous letter addressed to the Agents
of Barbados. Since the arrival of the last fleet I have been much
concerned to hear, in discourse, of the languishing condition of
Barbados. I am satisfied that the Island has made a worthy choice
of Agents in you ; but your many affairs may not have allowed you
leisure to think of everything that deserves your consideration.
The two great evils from which Barbados suffers I take to be (1) the
maladministration of justice, ('2) the diminution of the number of
white men. As to the first I need not tell you how the five Courts
of Common Law for the five precincts are governed each by a judge
and four assistants. It is notorious that instead of being conver-
sant with Coke and Lyttelton these gentlemen have spent most of
their time in perusing journals, ledgers and waste-books. Far be
it from me to arraign their honesty and honour, but the learning of
Westminster Hall is not to be acquired in a boiling-house ; and the
result is that great trouble and vast expense is caused to litigants
by the necessity of appealing to England. I would suggest that
five persons, approved of for their learning in the law, should be
chosen by the Chief Justice, Lord Chief Baron and the Lord Keeper,
and sent out to the island, that one of them should be appointed to
the Court of each precinct, and that the whole five should sit in
each Court together, under the presidency of the judge of that
particular Court. Their salaries should be 400 a year ; and
their places should be filled up in like manner as they fall
vacant. In the Court of Error the Governor should always
associate two of the Judges with him. I now come to the diminu-
tion of the white men, whose numbers are said to have sunk in
twenty-five years from twenty thousand to three or four thousand.
The country has endeavoured to remedy this, but servants more
readily resort to places where land can be given them at the end
of their term, which cannot be done in Barbados. I would suggest
that, after a reasonable time prefixed, all persons there should be
obliged to have their attendance of white men and boys as in
England. This would force the negroes from the houses to the
fields, and by enforcing the Act to prohibit negroes from engaging
in trades, employment would be thrown open to the poor white
servants. The evil has proceeded not a little from the covetous
desires of persons in the greater plantations to engross all the little
ones and lay them to their own. These little plantations were
provision-plantations, and in them consisted the strength of the
Island, but they are now all swallowed up in the great ones. It
would be well for the country to purchase 2,500 out of the
120,000 acres in the Island, and dispose of them in lots of five
acres. This would support 500 families, but looking to the prospect
of their increase it might be advisable to purchase 5,000 acres, and
a quit-rent might be taken to reimburse the country. The militia
is now so weak that it would be worth consideration whether it
would not be better to encourage a competent strength of whites
instead of crowding the country with negroes. A rert/
30 COLONIAL PAPERS.
1697.
paper. 11 pp. Endorsed, Brought to the Board by the E. of
Bridgewater, 19 November, 1697. [Board of Trade. Barbados, 7.
No. 51.]
Nov. 19. 53. Minutes of Council of Maryland. Thomas Tench and
William Dent produced the journal of their journey to Virginia
about the Piscattaway Indians, and their proceedings therein.
They started on the 2nd of November and reached Jamestown on
the 4th, when Sir Edmund Andros asked for a statement of their
business in writing. Owing to Tench's illness they could not meet
the Governor and Council of Virginia till the 10th, when they laid
their business before him. Here follow Copies of the documents
exchanged between the two parties. A special summons to a
meeting of Council was then sent out. [Board of Trade.
Maryland, 13. pp. 381-388.]
Nov. 20. 54. Minutes of Council and Assembly of Nevis. A letter
from the Governor was read as follows. I am surprised to hear
that your letters to me have miscarried ; if you had told me by
whose hand they were sent I could have punished the offenders.
You cannot have read my Commission, though it is on record with
you, or you would not dispute the Council's power to vote in issuing
a writ for election of an Assembly man. I cannot notice any
comparisons between you and the House of Commons, and I
regret that you should quarrel at trifles. Since you have declared
Philip Browne's commission to be void I hope you will support
your own Treasurer's credit in England, which Captain Perrie
would have done had you assisted him. You have no one to blame
for the failure to collect arrears of taxes but yourselves. As to the
sending home of Acts to be confirmed, you must first prepare some
to which I can assent. If you have no laws, it is only because you
flatter yourself that you can pass them without I arrive to confirm
them. This letter is of great length. Order for negroes to be
provided to cut lignum ritte, the Governor having sent H.M.S.
Jersey to protect them. [Board of Trade. Leeward Islands. 64.
pp. 439-442.]
Nov. 22. 55. William Popple to Sir Charles Hedges. The Council
Whitehall. o f Trade desires to be informed by what law and in what manner
the Courts of Admiralty erected in the Plantations by Commission
of the Lords of the Admiralty, do or may try pirates, and whether
they have power to inflict capital punishment upon those that are
proved guilty. [Board of Trade. Plantations General, 34.
pp. 207-208.]
Nov. 22. 56. Journal of Council of Trade and Plantations. Order in
Council of 4th inst. as to Mr. Grey's instructions read.
Draft representation as to pirates considered. Order for the
Secretary to enquire of Sir Charles Hedges as to the powers of the
Courts Admiral erected by Commission of the Admiralty in the
Colonies to try and punish pirates.
Nov. 23. A letter from the Duke of Shrewsbury of this day covering copies
of complaints against Sir William Beeston was read (A T o. 57) and
the matter appointed to be considered to-morrow.
AMERICA AND WEST INDIES. 31
1697.
Nov. 24. Memorial of Mr. Grey as to his passage received (Xo. 59) and a
representation ordered thereupon.
Several Quakers attended, with a letter from Mr. Penn, to desire
that the Maryland law imposing a duty of 10 per cent, on European
goods re-exported might be reported on, without waiting for the
other laws to pass out of the Attorney-General's hands. They were
answered that the Council had written to Governor Nicholson on
the subject, and thought it inexpedient to consider laws except in
order as they were passed.
Sir Charles Hedges, attending, reported that the Admiralty Courts
in the Colonies have no power to try and punish pirates except
under a local law, such as exists in Jamaica, though they have
power to arrest pirates and send them home to be tried. He doubted
if a law to extend uniformly through the Plantations for the trial of
pirates there could be easily obtained. The Council resolved to
send a circular ordering Governors to execute strictly their powers
against pirates and suggesting to them the passing of an Act like
the Jamaica Act against pirates.
The complaints against Sir William Beeston were then read, with
Lady Beeston's memorial on his behalf (Xo. 60) and his letter of
15 July. Order for copies of the complaints to be sent to Mr.
Gilbert Heathcote with directions to bring his answer on Monday
next, and that notice thereof be sent to the Admiralty.
Nov. 25. Representation as to Mr. Grey's passage signed.
Nov. 26. Order for a circular to be drawn for transmission of copies of the
Treaty of Peace to the Plantations. [Board of Trade. Journal, 10.
pp. 350-357.]
Nov. 23. 57. Duke of Shrewsbury to Council of Trade and Planta-
Whitehali. tions. The enclosed papers from the Admiralty have been laid
before the King, complaining of Sir William Beeston's refusal to
supply the King's ships with men or provisions, and his neglect to
send Admiral Nevill advice of the French squadron in those parts.
The King directs that you enquire into these matters and report.
Sinned, Shrewsbury. p. Endorsed, Read 23 Nov., 1697.
Annexed,
57. i. Secretary of the Admiralty to [James Vernon].
Admiralty Office, 5 November. I am to send you the
enclosed copy of a letter from Captain Reeves of
H.M.S. Newcastle, reporting that the Governor and
Agent at Jamaica refused to supply him with money
and provisions for his ship, also copies of several letters
that passed between Admiral Nevill and the Governor
of Havana. The Commander of the Princess Anne
also reports from Jamaica that the Governor and
merchants there refuse to supply him with provisions,
and that the Governor had also refused to impress men
for him. Copies of these papers are also enclosed for
the information of the Lords Justices, also an extract
from Admiral Nevill's journal complaining of Colonel
Burton's [Beeston's] not sending him advice of the
French ships in those parts. Signed, J. Burchett. 1 p.
Captain Daniel Reeves, H.M.S. Newcastle, to the
Admiralty. Port Royal, 11 August, 1697. I was sent
32 COLONIAL PAPERS.
1697.
in here by Admiral Nevill's order to refit. I have done
this ten days ago, but am forced to lie here for want of
provisions to carry me up to Barbados. I have applied
to the appointed Agent, who has given me a flat denial,
saying that he could not run himself into debt for any
of the King's ships, but had he it of his own he would
supply me. Since then I have been with the Governor,
who tells me that he has no money nor nobody will
trust him ; but I find it is all tricking, for the Governor
and merchants are agreed together that I believe I shall
get but little from them, but what the purser must buy
if he gets credit. The Governor says that his salary
from the King is so small that he spends 600 besides
it for keeping the table only, so that he has no money
to spare. Our men fall sick very fast and several run
away, and to complain to the Governor signifies nothing,
for they say they will protect those people for the
service of the island ; so all our men that run away
are clear lost and never to be gotten again. 1 p.
Admiral Nevill to the Governor of Havana. H.M.S-
Cambridge off Havana, 22 July, 1697. I trouble you
with a letter which I sent by one of our frigates to
Saint Jago, acquainting you that I had come into these
seas for the security of the galleons and to accompany
them to Cadiz. Being in great want of water and
refreshment, having got none at Carthagena, I beg your
permission to bring my ships into Havana, to make
provision for so long a voyage. J p.
Admiral Nevill to the General of the Galleons. 23
July, 1697. I sent a sloop with a letter to Porto Bello
fearing that you might be put back after your coming
from thence on 28 May, of which I was informed by a
sloop that came out in your Company. I have since
written to you at Havana by a sloop which I sent to
Saint Jago, to tell you that I was come to these seas to
escort you to Cadiz.
Admiral Nevill to the Governor of Havana. 25 July,
1697. I am honoured by yours of yesterday, and was
mightily surprised at the sight of it, wherein you use
us more like Turks and Moors than Christians and
Englishmen in denying us water, when we have come
for so many hundred leagues to serve His Catholic
Majesty. You were misinformed when you were told
that we wanted bread and flour.' We have enough of
them, and want only water. Since you refuse it, and
since the river Matanses is ill-suited for watering so
many ships I shall leave this Island to-night and seek
water among the Indians, from whom I doubt not that
we shall find more friendship than from you. If we
were Turks or Jews we could not, by the law of nations,
be refused admission into any port for forty-eight hours
in case of such necessity as we are now in for water to
carry us to England ; for thither I must go by my
AMERICA AND WEST INDIES. 33
1697,
master's orders if the General of the galleons refuses to
accompany me to Cadiz. I send you a packet of letters
which came to my hands last night from Jamaica. 1 p.
Admiral Nevill to the General of the galleons.
25 July, 1697. If you will not accompany me to Cadiz,
my orders are to sail to England. Kindly inform me of
your resolution.
Admiral Nevill to the Governor of Havana. 25 July,
1697. I had ordered my provision-ships to Havana, not
doubting but that we should be admitted. I beg you
the favour to hand them the enclosed instructions to
follow them to England.
Here follows what is eridentli/ an abstract oj
instructions yiren by Admiral Nerill to some emissary,
whom he sent to the Governor of Havana to ask admission
to the port. You will inform the Governor as follows.
I was ordered from Cadiz secretly to these seas for the
security of the galleons. I have come from Carthagena
and have packets for the King of Spain. I beg for
admission to the port, and that if refused I may not be
sent to the Bay of Matanses, for I lost all my long-boats
while in chase of Pointis, and the place is inconvenient
for watering such a fleet as mine. By the law of
nations you cannot refuse us admission to the port to
water, in case of distress, for forty-eight hours. If you
refuse us admission for so long, I am ready to send five
or six of my captains ashore as hostages for our good
behaviour. I have powder and small arms with a ship
to send to Carthagena, for want of which the people
cannot keep out the privateers. By intelligence from
England, dated 14 May, a French fleet is fitting out at
Brest to intercept the galleons. If none of these argu-
ments will prevail, our want of water is so great that I
will give the Governor of Havana a present of two
thousand pieces-of-eight. I enclose him a copy of an
account of the flota and galleons, which was given to me
when I arrived at Cadiz from England, that Mons.
Chateaurenaud was lying off the Azores in wait for
them. I enclose also my orders from my King to go to
Havana for the relief of the galleons, he being afraid that
Pointis designed to attack them. I had notice from a
Jamaica sloop of the galleons' leaving Porto Bello on
28 May, N.S., and fearing lest they should be put back
I sent a sloop from Carthagena to Porto Bello that I
would meet the General of the galleons at Havana and
escort them to Cadiz. This sloop had not returned by
the 15th July, N.S., so that I suspect that they detain
her to act as pilot. We landed 1,000 men at Petit
Guavos and burned it, taking and destroying nine
privateer-ships and carrying away 500 privateersmen
prisoners to Europe. The King of Spain forbids ships
of other nations to enter his ports on account of trade.
We being men-of-war have no merchandise. 2 pp.
4226
34 COLONIAL PAPERS.
1697.
The General of the galleons to Admiral Nevill.
Havana, 25 July 4 August, 1697. I thank you for
your offer. If it lay in my power I would gladly accept
your company to Cadiz, but, as I have told you, I cannot
go against my King's orders. J p.
The General of the galleons to Admiral Nevill.
24 July 3 August, 1697. I have laid your letters before
my officers, but the King has given me no instructions
to sail with you to Cadiz, and I am therefore bound by
my former orders from him. I regret greatly that I
cannot have your company. 1 p.
The Governor of Havana to Admiral Nevill. Havana,
24 July 3 August, 1647. I have received and thank
you for your letters of 12 June from Jamaica and of
22 July off this port. I would gladly do all that I can
for the ease of your fleet, but I have no orders to do so,
and the rules of the King my master are strict that no
ships but Spanish shall be admitted, without excepting
any. The galleons are in this port, and their General
agrees with me. You are free to water, wood and
victual at the bay of Matanses, and I will send you a
pilot if you want one. 1^ pp.
The Governor of Havana to Admiral Nevill. 26 July
4 August, 1697. A very civil letter, deprecating
Nevill's cruel reproaches but adhering to his decision.
l^pp.
Captain George Magham, of H.M.S. Princess Ann, to
the Admiralty. Port Royal, Jamaica, 12 August, 1697.
Admiral Nevill has commissioned me to command this
ship, but I find her very much in want of men, provisions
and stores. We have orders not to impress men our-
selves but to apply to the Governor for men, which we
do, but to little purpose. As to provisions Mr. Heathcote,
who formerly supplied us, says positively that he has
none and will advance no more money to procure any;
and so say all the gentlemen of Port Royal. We have
now not above ten days' provisions on board, and when
that is done the Governor says we must all be quartered
ashore. If so, our men will have a large island to range
in and will give us leave to catch them again when we
can. As for stores I can get no credit from the owners
of the ship, so must make use of the King's. I shall
duly furnish an account thereof. p.
Extract from the Journal of Admiral Nevill. I cannot
forbear to tell you of the unkindness of Governor Beeston.
The lieutenant of the Southampton had been in a sloop
at Petit Ghiavos and came down to report to him that
the French fleet was sailed and Jamaica out of danger.
Thereupon the three captains of the men-of-war asked
several times that one of them might be ordered to wind-
ward, to lie off Hispaniola and give us notice that
the French were gone over to' the Main. I could have
watered at Tiburon, where the French did, and stretched
AMERICA AN]) WEST INDIES. 85
1697.
over to Carthagena and caught them there with the
town dismantled. The Governor's answer was, that we
might as well have stayed at home, for we were too late
now. Hence I judge there was not a penny to be got,
for I perceive that the Governors in the tropics when
they send a letter or a flag of truce, send a cargo with
it. p. Copies. The whole, 13 pp. [Board of Trade.
Jamaica, 8. Nos. 74, 74 1. ; and (without enclosures) 56.
pp. 150-151.]
Nov. 23. 58. Minutes of Council of Barbados. A provision-ship
intended for the King's service in Newfoundland was driven into
Barbados by heavy weather. Order that her provisions be landed
and surveyed, and that her powder-duty be remitted. Sundry
accounts for salaries, disbursements and rebates passed. Xote.
Councils were called on 26th and 30th of November, but no
quorum could be made. [Board of Trade. Barbados, 65.
pp. 259-261.]
Nov. 24. 59. Memorial of Ralph Grey. The Admiralty have ordered
a man-of-war to carry me to Barbados. I beg your recommenda-
tion to them to provide me, as is customary, with a ship of 150
tons to transport my goods, servants and equipage. p. Endorsed,
Nov. 24, 1697. [Board of Trade. Barbados, 7. No. 52 ; and 44.
p. 111.]
Nov. 24. 60. Memorial of Sir William Beeston to Council of Trade
and Plantations. There is a complaint against Sir William Beeston
that he gave not timely intelligence to Admiral Nevill, which
prevented him from meeting with Pointis's squadron. Sir William
is ready by his Agent to prove the falsity of this. Sir William's
salary has not defrayed by some thousands of pounds his expenses
in the Government. The best part of his estate ruined by the
earthquake, the death of children, his wife exposed to a battle
going to him, part of her goods and equipage taken by the French
and herself obliged with the remainder to land at Plymouth all
these calamities considered, it is hoped that the King will allow
him the full salary of the Government as allowed to his predecessors,
and that your Lordships will represent it to the King accordingly.
1 p. Endorsed, Levy Beeston's memorial in vindication of Sir
Win. Beeston, 24 Nov., 1697. [Board of Trade. Jamaica, 8.
No. 75; and 50. pp. 151-152.]
Nov. 25. 61. Minutes of Council and Assembly of Antigua. The
Assembly sent up a private Act, on which the Council desired a
conference. The Council concurred in the Assembly's proposal for
a joint Committee to review the Acts for Courts, for regulating
negroes, for ascertaining the bounds of lands and for regulating the
Assembly. [Board of Trade. Leeward Islands, 64. pp. 219-220.]
Nov. 25. 62. Council of Trade and Plantations to the King. Mr.
Whitehall. G re y has applied to be allowed 150 tons of shipping for transport
of his servants and goods to Barbados. We find this request to be
in accordance with custom and reasonable. Sinned, J. Bridgewater,
Ph. Meadows, W T m. Blathwayt, John Pollexfen, Jo. Locke, Abr.
Hill, Geo. Stepney. [Board of Trade. Barbados, 44. p. 112.]
36
1697.
Nov. 25.
Kensington.
COLONIAL PAPERS.
63. Order of the King in Council. Approving the
representation of Council of Trade of this date (preceding abstract)
and ordering the Admiralty to provide 150 tons of shipping
accordingly. Copy. J p. Endorsed, Read 3 Dec., 1697. [Board
of Trade. Barbados, 7. A T o. 53 ; and 44. pp. 116-117.]
Nov. 25. 64. Extract from the Minutes of Council. Representation
of the Council of Trade about sending disbanded soldiers to the
Plantations. No order given. The part relating to disbanding
in the men in the Plantations to be laid before the King for further
consideration. Representation of the Council of Trade about
sending provisions to Newfoundland. No order given. Repre-
sentation on the petition of East Jersey respecting Perth- Amboy
approved. Representation as to New Y r ork. No order given as to
'the deduction of 30 per cent, for the future. Copy. % p. Endorsed,
Read 3 Dec., 1697. [Board of Trade. Plantations General, 4.
No. 77 ; and 34. p. 210.]
Nov. 25. 65. Order of the King in Council. On the representation
Kensington. o f the Council of Trade respecting the transportation of convicts to
the Colonies, ordered that the Council of Trade consider and report
how and to what places convicts pardoned on condition of transpor-
tation may be best disposed of, or what punishment might be more
proper for such convicts in lieu of transportation. Signed, John
Povey. J p. Endorsed, Read 3 Dec., 1698. [Board of Trade.
Plantations General, 4. No. 78 ; and 34. p. 209.]
Nov. 25. 66. Order of the King in Council. That, in accordance
Kensington. w ith the representation of the Council of Trade of 7 October last,
a Commission be prepared for Colonel Peter Beckford to be
Lieutenant-Governor of Jamaica, to take effect after the death of
the Commander-in-Chief for the time being, in whose hands the
Commission shall remain. Copy. % p. Endorsed, Reed. 3 Dec.,
1697. [Board oj Trade.' Jamaica, 8. No. 76 ; and 56. pp. 160-
161.]
Nov. 25. 67. Order of the King in Council. Approving the draft
Kensington. Commission and Instructions prepared for Samuel Day as Governor
of Bermuda, and ordering them to be prepared for signature.
Copy. p. [Board of Trade. Bermuda, 3. No. 20 ; and 29
p. 50.]
Nov. 25. 68. Another copy of this Order in Council with the draft
Commission and instructions attached. J p. Annexed,
68. i. Draft Commission to Governor Day as Governor of
Bermuda. 13 pp.
68. ii. Draft Instructions to Governor Day. 20 pp. [America
and West Indies. 477. Nos. 55, 55 1., n.]
Nov. 25. 69. Order of the King in Council. Approving the
Kensington representation of the Council of Trade of 27 October (copied at
length) as to the ports of East Jersey, dismissing the petition of the
Proprietors of East Jersey, and directing the usual instruction to
be given to the Governor of New York to permit no goods to pass
AMERICA AND WEST INDIES. 87
1697.
up the Hudson River but what shall have paid duty at New York.
Copy. 4 pp. Endorsed, Reed. Read 29 Dec., 1697. [Board of
Trade. Proprieties, 2. Xo. 5 ; and 25. p. 188.]
Nov. 27. 70. Instructions to Ralph Grey as Governor of Barbados,
St. Lucia, Dominica, St. Vincent, and the other islands to Wind-
ward of Guadeloupe. The names of the Council are Francis
Bond, John Hallett, John Gibbes, Edward Cranfield, John Farmer,
Richard Salter, George Lillington, George Andrews, John Bromley,
William Sharpe, Patrick Mem, Tobias Frere, Burch Heathersa.il,
Michael Terrill, David Ramsay, Richard Scott, Benjamin Cryer,
Richard Walter and Thomas Merrick. Laws for an impost on
liquors must be for not less than a year, other laws (except for a
temporary end) indefinite. The 1 per cent, duty may be changed
for any other equivalent. The case of Ralph Lane is to be
examined and justice done to him. The Governor is to grant no
land, except in Barbados, without orders. His salary is to be
1,200 a year, paid out of the 4 per cent. duty. [Board of Trade.
Barbados, 44. pp. 163-188.]
Nov. 27. 71. Minutes of Council and Assembly of Antigua. Message
from the Assembly to the Council, asking them to concur in dis-
allowing a charge made by the Secretary for books. The Council
and Assembly agreed that 3,820/fts. of sugar paid by the late
Treasurer, Thomas Fenton, to Sir Nathaniel Johnson, should be
charged against his estate. Several claims referred to the Com-
mittee of Accounts. Resolved to send home the minutes of this
and of the last Assembly to the Council of Trade. [Board of Trade.
Leeward Islands, 64. pp. 442-444.]
Nov. 20. 72. Extract from Governor Nicholson's letter of 13 July,
respecting the inability of Admiralty Courts to try breaches of the
Acts of Trade and Navigation. 1^ pp.
Inscribed at end, Opinion of the Attorney and Solicitor-General
that offences against the Act to regulate the Plantation Trade
may, under two clauses of the same, be prosecuted in the Admiralty
Courts of the Colonies. Signed, Tho. Trevor, Jo. Hawles. p.
The u-ltnle endorsed. Read 29 Nov., 1697. [Board of Trade.
Maryland, 3. Xo. 45 ; and (opinion only), 9. p. 173.]
Nov. 29. 73. Charles Story to Council of Trade and Plantations.
Since I have laid the state of New Hampshire before you and you
have given your orders thereupon, I hope you will so far encourage
fidelity as to order my expenses to be paid, amounting to 100,
besides a year's loss of time. If you do not grant me your assist-
ance, the burden will be utterly ruinous and obstructive to me.
Sinned, Cha. Story. I p. Endorsed, Read 29 Nov., 1697. [Board
of Trade. New England, 8. Xo. 130.]
Nov. 29. 74. Gilbert Heathcote to Council of Trade and Plantations.
London. j n re ply to the papers sent by the Admiralty (see Xo. 57 i.) I
offer as follows. First, as regards Captain Reeves's letter, the
Deputy-Governor's salary, as he told him, cannot maintain him, so
that Sir William Beeston could have no money to lend the Captain
out of the profits of the place ; but such was his zeal for the King's
88 COLONIAL PAPERS.
1697.
service that he sold all the produce of his plantations and lent all
the money to the men-of-war, when the merchants, owing to the
bad payment of their bills in England, refused to lend any more.
In proof hereof, I send the said bills. Of those that were paid
some were by exchequer bills, but the most by tallies on the salt
fund which tallies were then sold at 47 per cent. Other of his bills
are not yet paid, and no payment offered but malt-tickets payable
after nine or ten thousand pounds, which if sold will lose him one
third of his money. And this he did after he understood the
discouragements which the merchants lay under by the payment in
England. I hope that, after Sir William Beeston had lent all that
he had or could raise out of his estate there, he will rather deserve
thanks for his generous service than censure upon an angry
Captain's letter. As to the protection of seamen who deserted
from the men-of-war, Sir William Beeston in his letter affirms the
contrary, but as further proof several persons are come from
Jamaica who will satisfy you that runaways were on the contrary
taken up and secured. I can even prove to you by three witnesses
that any person who concealed a seaman belonging to a man-of-war
was prosecuted, and that some were imprisoned. I hope that this
also answers Captain Magham's letter, being only a complaint of a
want of credit. But whereas he says that Mr. Heathcote would
advance no more money, he should have said that he could lend no
more money. He had at that time advanced not only all his own
money for the men-of-war, but all the Spanish money belonging
to me which he had in his hands. Part of it was paid here
in salt tallies, but I have yet bills for '5,929 which are not
yet paid. Let me add that all this credit was undesired. The
offices in England to which these officers belong have never
written nor taken any care for it ; and, had not the men-of-
war met with this voluntary credit, they must have sold their guns
and sails. As to the complaint in Admiral Nevill's Journal of the
Governors refusing to let the three men-of-war cruise to windward
for intelligence, I can only say that (according to my letters from
Jamaica) the Admiral was misinformed, for the three Captains made
no such offer to cruise. Moreover, every one knows that the
Princess Anne is too bad a sailer to go to windward, while the
Reserve at that time wanted both masts, careening. Moreover,
people come from Jamaica tell me that the people seeing no
English fleet appear, after the French had been so long in those
parts, were in great fear that the French after an expedition
against the Spaniards would turn against Port Royal, and were
therefore uneasy as to letting our ships leave port. But if
the three men-of-war had been out they could have given
Admiral Nevill no fuller notice than he had by a small frigate
which he sent to St. Domingo for intelligence, and which told him
before he went to Jamaica that the French were gone to Carthagena.
Again they met one of our sloops which told them that the French
had taken Carthagena and were actually in the harbour. Again
they called at the East end of Jamaica and were again told that the
French were on the Spanish Coast. But this you can ascertain by
perusing the Minutes of the Council of War which, as I am told,
was held off Hispaniola. When they came to Jamaica both the
AMERICA AND WEST INDIES. 39
1697.
Governor and people did their utmost for the fleet. It arrived on
Sunday morning, and had all its wood and water aboard by Tuesday
morning, which, considering from how far both had to be fetched,
was very extraordinary. After consideration of these facts, I
hope that Sir William Beeston will not lie under your displeasure.
Signed, Gilbert Heathcote. Attached, Particulars of sums furnished
to men-of-war in 1696-7, whereof 2,661 by Sir William Beeston,
and the remainder by Josiah Heathcote and Company. The total
bills drawn amount to 13,128, of which 7,201 has been paid in
tallies, etc., and 5,929 remains unpaid. The whole, 3 j>p. Endorsed,
Read 29 Nov., 1697. [Board of Trade. Jamaica, 8. Xo. 77;
and 56. pp. 153-159.]
Nov. 29. 75. Colonel John Gibsone's narrative of the expedition to
London. Newfoundland. On 17 April the squadron under Commodore John
Norris sailed from Newfoundland and on the 7th June we made the
southernmost point of Conception Bay. A Council of War was then
held as to how we should go into St. John's Harbour. My advice
was to attack at once, landing 150 men to attack Kitty Vitty, which
though a bad landing place was the only one near St. John's, and
send the rest of the troops in the lightest vessels to assail the
harbour with all possible vigour. Captain Cleasby opposed this,
proposing that he should go in himself 1 with a flag of truce, and at
last it was resolved that he should go with a pinnace but without a
flag of truce, to discover what he could. Meanwhile the fleet plied
southward towards St. Johns, and Captain Cleasby learning from
one of our fishing boats at the harbour's mouth that no enemy was
there, the squadron sailed into the harbour. We found there two
or three of our merchant ships and a few inhabitants, but all the
houses and stages destroyed. On 10 June my regiment was landed
and in a few days hutted themselves, after which we began to cut
fascines, continuing this until the 27th, when the store-ships came
in, and we began to fortify the harbour's mouth by a batter}' on
each side, and by erecting a fort on a hill on the north side. We
found much difficulty owing to the vast rocks we were obliged to
remove. A few days after our arrival it was agreed at a consultation
that the squadron should put to s/sa for the security of the ships
expected from England and Portugal. On this cruise they took a
French provision-ship, and from letters and prisoners taken in here
they learned that Mons. Nesmond was to follow them with a large
squadron from France. It was therefore agreed at a council of
war on 22 June that the squadron should remain in port until the
rest of the men-of-war should arrive from England. On the
27 June the store-ships and provision ship came in with only three
months' provisions for 340 men of my regiment. Fearing that we
should fall short of provisions I shewed the Commodore my
instructions and asked him to send a frigate to New England, at
the same time saying that it would be necessary to take provisions
from the merchant-ships. He answered that he would send no
frigates to New England, as it was against his instructions, and we
should have a sooner return by sending to Old England. He also
refused a convoy to the captain of the provision-ship, when he
offered to go to New England for provisions. As to taking
40 COLONIAL PAPERS.
1697.
provisions from the merchant-ships he said that it was none of my
business, and it was not till the 2nd of August that he sent me a
message to say that I might take the provisions from the merchant-
ships if I pleased. I had before this acquainted him of the arrival
of a ship in Conception Bay with a large cargo of provisions, but to
no purpose, so that at last I was obliged to seize provisions
wherever I could get them, though with much difficulty, and
the more so since several of the officers, particularly Captain
Cleasby, had spread it abroad that I had nothing to do
there but to command my own regiment. On 28 June it was
resolved in a Council of War that the squadron should go to
sea for three weeks, looking in at some of the ports, par-
ticularly Trepassy, Renouse, Ferrnouse and Fairyland, which
had formerly been English, but a few days after going out Captain
Roffey of H.M.S. Guernsey took a considerable prize, which made
a great noise at their return. It was alleged that Captain Roffey
had endangered his ship in taking her, and I was told that for
some time he was in confinement ; but how they accommodated
this is best known to themselves. The prize was on her way to
Canada and had been under convoy of Mons. Nesmond who, by the
prisoners' accounts, was not fifteen leagues distant. Our squadron
thereupon returned to harbour on 11 July, after but nine days' cruise.
We heard of five ships to southward, which we conjectured to be
Nesrnond's, and at last they came before St. Johns, where they plied
for two days in a great fog, and after that anchored in Conception
Bay. Then we were told that it was part of Pointis's squadron
from the West Indies ; and after four councils of war and examina-
tion of prisoners, there came intelligence that another French
man-of-war had appeared off Petty Harbour within three leagues
of St. Johns. Since we had reason to believe that Nesmond's
squadron was also off the coast, I was against our squadron's going
out, and this has caused some reflection upon me here, as though
I and my officers were the only ones that had given this advice. I
therefore give the results of the Councils of War aforesaid. 22 July.
Resolved unanimously that, since we have reason to apprehend an
attack by sea and land, the land-forces be embarked, and that the
people at Kitty Vitty and Petty Harbour leave their fishing and
come to St. Johns. 24 July. Resolved unanimously that since
there is every reason to believe Mons. Nesmond's squadron to be
in the offing and to be much stronger than ours, the squadron shall
continue in St. Johns, sending out a frigate to gain intelligence.
25 July. Resolved unanimously that since our latest intelligence
points to the presence of Pointis's squadron as well as perhaps of
Nesmond's on the coast, this squadron remain in St. John's
harbour. 28 July. Resolved, on further intelligence confirming
the presence of Pointis's squadron and in consideration that Mons.
Nesmond's squadron is probably near the coast, that the squadron
shall not sail in pursuit of them in view of the risk of separating
the land and sea-forces, but remain at St. Johns for the security of
the whole. These are the four Councils of War ; and to the best
of my recollection but three of the sea-captains besides the
Commodore were for the squadrons going out. [The names of the
officers present are given, the greatest number of naval officers present
AMERICA AND WEST INDIES. 41
1697.
at any meeting bcinif thirteen and <>j military officers also thirteen.
Commodore Xorris iras president.] Besides the presence of Pointis
we had intelligence that Nesmond was actually arrived, and we
could not tell that they were not in communication. Pointis had
not long left Conception Bay when Nesmond appeared before St.
Johns with his whole squadron on 18 August. At his first appear-
ance we .doubted not that he would attack us. Commodore Norris
laid all his men-of-war in line thwart the harbour, with their broad-
sides to the harbour's mouth, and got a third cable without the
other two thwart the harbour's mouth. Meanwhile I got 250 of my
regiment to the south side of the harbour, and 100 to the North
side for defence of the batteries and securing of the cables, and
left the rest at King William's fort which was not then far advanced.
Nesmond plied up and down a whole day and at last sent two ships,
one apparently a fifty-gun ship and the other a bomb- vessel. They
stood in very close to the harbour's mouth (I presume to discover
our posture), when the Commodore ordered a bomb to be thrown
from one of the bomb- ships, upon which they immediately returned
to the squadron, which continued plying as before. That whole day
and the whole night following we continued in the same posture.
Next day they appeared no more, and I think that if they had
attacked the harbour they would have met with a very hot
reception ; indeed, I looked upon it us impracticable, with the
land and sea-forces thus joined. But if our squadron had been
at sea in pursuit of Pointis, and Nesmond had then come down,
I cannot tell what would have happened to our squadron at sea,
and far less what would have become of the land forces in the
harbour.
I have mentioned before that on the 2nd of August the
Commodore sent me a message that I might visit all merchant
ships and take what provisions I thought fit. I accordingly
visited a French prize belonging to Captain Elton, and
found in her 5,388/i. of bread, and 1,312/6. of pork, besides
beans and oil, though Elton swore at the time that he had only
1,500/fc. of bread on board. What threatening* I met with
from Captain Elton herein and what trouble I had in seizing
other provisions, I shall not mention. The quantity I had
seized before 1 October was so small that I was apprehensive
that the forces to be left in Newfoundland would be in a
miserable condition, and those returning home little better. I
was obliged to think of a means for sending to New England,
and to this end to buy a small prize for 180, for which
Commodore Norris gave me credit, and despatch her with my
letters and credentials, giving the Lieutenant-Governor at the
same time an account of the circumstances and of the provisions
that I required. She sailed on 30 September, but by God's
Providence a provision ship from Ireland came in on 8 October,
whose whole cargo I bought and thus made it easy both for the
troops remaining and returning. I left St. Johns fortified as
follows : one redoubt of nine guns on the south side, one of five
guns on the north side, both complete, and a fort within the
harbour unfinished but in a good posture of defence. For garrison
I left the major of my regiment, Thomas Handasyd, in command
42 COLONIAL PAPEES.
1697.
with ten officers and 252 non-commissioned officers and men,
besides thirty-six of the train of artillery. I also left thirty-seven
sick men of my regiment, who were too ill to be carried on board
the hospital-ship. I left with Major Handasyd instructions [given,
in fair] as to the completion of the works, guards, alarm-signals
and dispositions in case of an attack.
My letter to the Lieutenant-Governor was as follows : St. Johns,
28 September, 1697. No doubt you will be surprised to receive
this so late in the } r ear, but I am sure that you and the gentlemen
with you, when you hear of the condition of myself and my
soldiers, will pity us, particularly those who must stay here all the
winter who must speedily perish without your assistance. As soon
as we approached this country I asked the Commodore for a small
frigate to carry you the enclosed, shewing him the King's letter
to you and my instructions to apply to you for provisions. Yet he
refused ; nor was it until the 2nd of August, in spite of my appli-
cations, that he sent me word that I might visit the merchant
ships and secure what provisions I saw fit. I answered that it was
too late. Little provisions have come into this country, and the
fleet is preparing to return to England in eight or ten days. I had
designed to stay here with my whole regiment, but provisions are
so scarce that I shall be obliged to return to England leaving about
270 men and 20 women behind me, so ill-furnished with
provisions that they must speedily perish without your
assistance. You and your Government are our last and only
refuge, for at this late season I can expect no relief from England,
and I can only leave the forces here ten weeks' provisions on half
allowance. I do not doubt that you will seriously consider my
request. I enclose a proportion of provisions which will be
absolutely necessary, which I beg may be despatched with all haste
by the ship that bears this. The Commander and two passengers
can give you an account of the condition of Newfoundland, which
I believe will induce many to send provisions here. If you could
send a convoy or ship of force with them it would be of great
consequence. I must rely on you to employ persons of integrity
to manage this affair both as to quantity and quality. Do not
impute my freedom in thus informing you of our extremity to
want of respect. Letter ends.
Second letter to the Lieutenant-Governor of New England. St.
Johns, 7 October, 1697. In view of the extreme urgency of the
case I have left Major Handasyd in command of the garrison here,
and have given him duplicates of my former letter and enclosures
to be sent by two different ships. I have no doubt of your
compliance with my request. Letter ends.
Here folloic, a proportion of provisions, shoes and stockings for"
290 men for 120 days.
An account of the provisions taken out of the merchant-ships,
with the prices, and of the provisions left at St. Johns.
I was obliged to take up one of the transport ships for better
securing the provisions. The original hospital ship was discharged
in July, and a transport taken up in her place. Signed, J. Gibsone.
The whole, 19 pp. [Board of Trade. Newfoundland, 3. Xo. 90 ;
and 25. pp. 132-167.]
AMERICA AND WEST INDIES. 43
1697.
[ Nov. 29.] 76. A Collection of Papers relating to pirates and other matters
in Pennsylvania.
76. i. Robert Quarry to William Penn. London [blanks
for dates unfilled'], 1697. I was extremely surprised
when I came from England to hear that Governor
Markham of Pennsylvania has been so highly charged
for the entertainment of Captain Day. I am sure that
if the Lords Justices or Council of Trade were rightly
informed of the true state of the business they could
iind no cause to blame him. I happened to be in
Philadelphia at the time, and knew all the circum-
stances. I presume you have had the relation of it from
several hands, so I hold myself obliged to give you
in as few words as possible the true state of the
thing. This Captain Day went with his ship and
cargo to South Carolina and there sold both and
bought a brigantine under pretence of carrying
part of the lading and effects home; so he had
his clearing from the Government and gave bond and
security to the Naval Officer for landing his enumerated
commodities in England, as the law requires. With
this clearing he came to Pennsylvania and wanted not
colourable pretences enough ; but his having more than
the ordinary number of men made some people jealous
that he designed some other voyage. However, this
was but jealousy. It is true that Mr. Jones told the
Governor that he believed Day had some ill-design, by
his having sold his owner's ship and goods in Carolina.
The Governor answered that he had brought his clearing
from thence, and that there was no information against
him, but that, on his complaint, he would seize him
provided that Jones would give security to indemnify
him, which Jones refused to do. Some time after this,
a French privateer on the coast took several vessels
coming out of New York, and among them one of great
value belonging to Philadelphia. The privateer came
to the Capes of Delaware and lay there for some
time, which put the country into great consternation
not only for fear of their shipping, but being appre-
hensive lest the privateers should land, being distressed
for provisions. At the height of this consternation the
Governor called at my house, and told me he was
concerned how to manage himself in this affair. I took
the freedom to advise him thus. Sir (I said) this thing
could not have happened at a better time, for here is
Captain Day who has a gang of brisk fellows. Add
thirty or forty to them from the lower counties, and give
Day a commission to command them. By keeping a
good look out he may ambuscade the French if they
land, and cut them off before they can recover their
boats. The Governor thereupon said that he highly
approved my advice, that Day had been with
him and had offered his services to go out and fight
44 COLONIAL PAPEKS.
1697.
the French, though they were of more than twice his
strength, if he could have more men, and had further
promised to do this without putting the country to a
heavy charge. I told the Governor that I thought
this a brave and generous offer, and that he would be to
blame if he did not accept it. Two days after this I
went to Maryland, so I do not know if the Governor
gave Day his commission, but I was informed that Day
went out to sea and returned again. I know nothing
of the particulars of his being seized by the forces from
Maryland, but I am very well informed that Day went
straight to Cura(;oa, where he sold his brigantine, and
went thence directly to Holland, where he now is.
This is the truth of the matter, and I am ready to give
this account to any person concerned, as an act of
justice to you. Signed, Robt. Quarry. 3 pp.
/'Indorsed, Delivered by Mr. Penn to the Secretary,
Nov., 1697.
76. n. Commission of Governor Nicholson to Captain
Josiah Daniell and others of H.M.S. Prince of Orange
to arrest certain privateers in Pennsylvania.
13 October, 1696. Copy. I p.
76. in. Captain Daniel's order to two of his officers to seize
a privateer- ship at Newcastle, Delaware River. Copy.
2P>
76. iv. Peter Alricks and John Donaldson to Governor
Markham. Newcastle, 18 October, 1696. A strange
invasion happened in this town yesterday. The
Governor of Maryland sent over sixty men in a hostile
manner to invade our liberty, and to seize Captain Day
and his ship without acquainting a man in this place. All
the men that they met in the road they took prisoners,
and I myself, having just gone into a house, was taken
for one of Captain Day's men, till I forced myself away
and went to the end of the wharf to know what was the
meaning of so many armed men, and who commanded
them. They said they had the King's commission,
which I have not yet seen. If you will suffer this gross
affront from the Governor of Maryland I shall hold my
hand upon my mouth and say no more. The bearers
hereof will give you an account of everything. Captain
Day's brigantine is under our guns, her sails in our
custody, and men on board to secure her from being
carried to Maryland, which had been done if I had not
ordered Captain Day to move up before this town.
P.S. The reports that Day has been keeping men
servants and man-of-war's men are all false. 2 pp.
76. v. A list of names of persons who can give information
about pirates in Maryland. p. Endorsed, Delivered
to the Secretary by Mr. Penn, Nov., 1697.
76. vi. Governor Markham to Captain Daniel, Philadelphia,
20 Oct., 1696. Your project for getting men to serve
the King I approve, but the management I cannot
AMERICA AND WEST INDIES. 45
1697.
commend. Sixty armed men marching into a town with
colours flying, stopping all the inhabitants on the
road and putting the whole country into consternation
was a most irrational achievement, to say nothing of
the abuse to the Government. I am well known to be
zealous for the King's service, and had you warned me
of your design you should have witnessed it. If any
friend break into my house to do me service and I know
not his intent, I will treat him accordingly ; if he knock
at the door I will treat him friendly. However, if any
men are to be got, you shall shortly hear ; and if any
design be again on foot in which I can assist, let me
know it beforehand, and you shall not want my assist-
ance. C'<>]>l/.
76. vn. Captain Josiah Daniell to Governor Markham.
H.M. hired ship Prince of Orange. Patuxon River,
9 March, 1696-7. Last night three men ran away with
the barge belonging to this ship, with two sails and
eight oars. I suppose they are gone for your province.
The worst sailors know how ready you are to entertain
and protect all deserters, to the great prejudice of
the King's service and to trade (except to your own
quaking subjects who never did the King and kingdom
any service) so that I beg you once more to give
yourself a little trouble on his Majesty's account and
cause strict enquiry to be made, that these deserters
may be brought to punishment for a terror to others.
It is ruin for any ships to lade here so long as they have
such encouragement to run to your parts, whence
they are allowed to go " Trampuseing " [? Trompeuse-
ing, i.e. on piratical voyages] where they please. I read
in last July's Gazette a proclamation to apprehend
Captain Every and his crew, and hear that some of
them are in your province. All Governors and Com-
manders are commanded to use their utmost efforts to
apprehend them. I am certainly informed that the
deserters from my ship appeared daily in public and
offered their services to several masters in Philadelphia.
I wonder that you prefer to gratify them rather than
have regard to the King's service. I have received your
letter by Colonel Quarry. I return you hearty thanks
for my entertainment, which was better than I deserved.
If you fall in my way I will endeavour to treat you as
well as I am capable, but still have a regard to the
King's service. Copy. 1 p.
76. vni. Governor Markham to Captain Daniell. Phila-
delphia, 30 March, 1697. Yours of the 9th inst. is so
indecent that it seems rather penned in the cook-room
than the Great Cabin ; but I take it as one of your
inconsiderate actions and place it to your accustomed
conversation. I shall take care to secure your men, if
found within this Government, and do all things else
for the King's service notwithstanding your vilifying of us.
46 COLONIAL PAPERS.
1697.
It is a great way from your ship to the province,
no less than the whole length of Maryland. How comes
it that they pass so quietly through that province with-
out any notice taken by you, though upon a mere
surmise you vilify our inhabitants. I know not what
you mean by " trampuseing," unless you aimed at
French to show your breeding, which you have ill set
forth in your mother tongue. I belonged for many
years to men-of-war, and then it was our custom, when
we thought any men w r ould run from us, not to leave
the oars and sails in the boat but to keep a good watch,
and often to hang our boats in the tackles. I hope I
shall not fall in your way, lest my treatment be such as
I find in your letter. I wish you a good voyage and a
better temper. Copy. 1 p.
76. ix. James Clapoole to Governor Markham. Newcastle,
24 Feb., 1696-7. I received the enclosed from Sir
Edmund Andros when I left home. I had not intended
to be long absent, but was detained in Virginia by
the severity of the weather until a few days since.
The case of the men of H.M.S. Prince of Orange coming
. here to seize Day is very strangely represented in
Maryland, and many affidavits have been taken against
this Government, which to the best of my knowledge are
absolutely false. The Governor is so incensed about it
that he resolves to complain at home. The Governor
of Virginia seemed to think it not proper to send armed
men into another Government, without first acquainting
the Governor of the same, on any pretence whatever.
Mr. Coutts tells me he has obtained a permit from the
Governor of Maryland to transport tobacco hence, pro-
vided he gives bond there that it shall go thence directly
to England. He accordingly desired a permit from me,
but I have refused to meddle therein without your
order. The latest news from London is that money is
so scarce and trade so dull that they only sat still to
admire the deadness thereof. Sugar is fallen from 65
to 30 per cent. The hope of the nation was the Parlia-
ment which was to sit in December, and find out a
remedy. Nothing done last campaign. Great discourse
of peace, yet continued preparations for war. In
November two ships brought a report of a plot to burn
the fleet. I know not what truth is in it. 2 pp.
76- x. Petition of Samuel Carpenter and others to Governor
Nicholson. Protesting against the 10 per cent, duty
levied in Maryland on English goods landed there for
Pennsylvania as an infringement of Pennsylvania's
rights and of common usage in the Colonies, and
requesting that it be not enforced. Copy. 1| pp.
76. xi. George Plater and William Dent to Governor
Nicholson. On the petition of Samuel Carter and other
merchants of Pennsylvania we report as follows. (1)
The merchants recite Penn's charter from King
AMERICA AND WEST INDIES. 47
1097.
Charles II., but this gives no authority to Penn-
sylvania merchants to transport goods through this
province or into this province without paying the dues
imposed by law. The patent may give liberty to pass
to and from any water leading to or from the country,
but that does not mean the transport of goods through
a country or into it without paying the duties
imposed by law of that country. (2) The merchants
set forth that hitherto they have enjoyed the free use of
waters, etc., as the King's highway. We do not deny
that many goods have so passed through without
paying duty, but mere use does not create a right that
shall continue for ever, nor is the said use lawful, for it
is claimed without any limitations whatever, which is
allowed to no one. (8) The merchants propose to
unload the goods and carry them by water without
putting them ashore, so that the Government shall be
put to no charge. That does not aiaswer the purpose of
the law, but shows the facility of doing what the law
is designed to prevent, viz., the buying up and removal
of great quantities of English produce which were bought
for Maryland, and returning rum, sugar and molasses,
which English merchants could supply quite as well,
and that for the produce of Maryland, without taking
any English goods and the best and weightiest of the
money. (4) As to the reason of the law, we conceive
that it is not for us to give, but surely it is reasonable
for a country to find the best means to check a trade
which it judges prejudicial to itself. (5) As to the
legality of the law, Lord Baltimore's patent was granted
long before Mr. Penn's, and gives him power to levy
such duties. Meanwhile since we do not know that
the King has disallowed this law, we conceive that it
should l)e enforced. Copy. *2 pp.
76. xii. Governor Markharn to William Penn. 13 Feb.,
1696-7. Our town has had a great loss through the
capture of a sloop off Barnygate by a French privateer.
She was reckoned worth 9,000. This privateer met a
Dutch one in the gulf with a British sloop from Jamaica.
The privateers fought till night, but next day the sloop
mistook the French privateer for the Dutch and was
taken. The French kept one of her crew to pilot them
on this coast. They had an Englishman by name Cross
on board, who had been tried for piracy at Carolina and
acquitted, but they would not trust him to be true to
them as he had been a rogue to his own country. On
reaching this coast she kept standing on and off between
our Capes, causing great alarm. She was in great want
of provisions, and Cross advised the Captain to send his
men ashore to plunder (for he knew all the country
well) but the Captain having no confidence in Cross
resolved to make that his last shift. Meanwhile they
took a ship bound from New York hither, which though
48 COLONIAL PAPERS.
1697.
a good prize did not feed their hungry bellies, but
getting intelligence of three provision-ships sailing from
Staten Island, and sending out a captured sloop to
intercept them, they took one of them and sailed away in
her, abandoning their sloop. Meanwhile the privateer
remained in sight from the Capes for some ten days.
One Captain Day who had a brigantine with 60 or 70
men offered the people at Newcastle that if they would
give him thirty more men and provisions he would go
down to the Capes and cruise there for twelve days, not
doubting to outsail the privateer if he could engage her.
The people seemed to favour this ; and to encourage Day
I gave him a commission. Governor Nicholson, on
hearing that such a vessel as Day's was in this river set
Captain Daniell (who is an easy good-natured man)
upon a project of getting Day's men. I have told you
that there was suspicion of him in some quarters that
he had conspired with Governor Nicholson and others
to subvert your Government ; but this I never believed.
In short had it not been for Major Donaldson there
would have been bloodshed, but he managed to disarm
the sixty seamen that came with their officers, and kept
them in confinement until he could discharge them
safely. Some of the men took the opportunity to desert,
which much disturbed Captain Daniell. About the
middle of October Commodore Wager came to Newcastle
and brought Daniell with him. Major Donaldson waited
on them, and Daniell could not forbear taking notice of
that action to Donaldson, though checked by Wager.
While they were at Philadelphia I got as much of their
company as I conveniently could, and found Daniell to
be such as I said, but he could not forbear reflecting as
if we harboured their runaway seamen, until Wager
checked him sharply, when we heard no more from him.
At his going he gave me the names of the men who had
gone from him, and I promised to have them taken if
they were discovered. I hear that Governor Nicholson
alleges that I got great matters by Day's commission,
but I solemnly declare that I had not the value of a
farthing for it, and gave it only in view of the common
danger. I hear that Day sailed mate of a ship from
Bristol. The master dying, he took command and
brought her into Carolina, where he had her condemned
as insufficient, sold many of the goods and purchased a
brigantine of one Captain Bisby, with whom he left the
rest of the cargo, but in such a manner that neither
Day nor the owners can get it out of his hands. I was
concerned to hear it for the city of Bristol's sake,
which I look on as my native country, and consulted
how to secure Day and his vessel. We might easily
have secured him, but unless we secured the men
and the ship also, it might have raised a tempest,
for the men would either have plundered the ship, or
AMERICA AND WEST INDIES. 49
1697.
rescued him or elected another captain; therefore it
was unadvisable. Signed, Wm. Markham. 5J pp.
76. xm. Governor Markham to William Penn. Philadelphia,
22 February, 1696-7. Mr. Clark informs me that the
Marylanders continue to encroach on us. I wish it
were seasonable to dispute the bounds. I have heard
from Major Donaldson that he had prepared an account
of the men that came from Maryland armed, but had
heard that Governor Nicholson had drawn up something
against him and was waiting to obtain a copy of it. I
had advice at the same time that Governor Nicholson
had drawn up an information against this province for
enticing away and harbouring men belonging to ships
in Maryland and had sent it to the magistrates of Cecil
County to sign. They refused to do so, knowing nothing
of it, upon which he summoned them to Annapolis, and
he has taken some course with the grand jury of the
same county on the same account. He and his wise
secretary, Sir Thomas Laurence, are a brace of pure
informers, but have forgotten to inform how we entertain
the inhabitants that leave Maryland to live in this
province, where men are protected by laws and not put
in fear of caning or cudgelling. This has been the
occasion of several of their people seating among us,
and at this time more are coming of the first rank.
IP-
76. xiv. Extracts from letters from Governor Markham to
William Penn, to 24 April, 1697. i understand from
yours what a rattle Randolph has made in England, and
how he thinks no indigent man fit for a Government.
Indigency might be well applied to himself. I know
none of the King's Governors that come to America to
sell fashions or to learn breeding or the language. It
is the wrong end of the world for it. I confess that I
have been a slave to this province many years and
never saw a penny of their money. I have done my
utmost to prevent false trading either by Scotch or
English. As to what he says of Da. Lloyd's refusing
to plead for the King, he knows that in the case of the
vessel he seized here, Lloyd pleaded his information.
As to privateers, when Governor Fletcher was Governor
here several men came both to New York and to this
place, which went by the name of privateers. They
might be pirates for anything I know to the
contrary. Governor Fletcher fleeced them at New York
and also here, not by any violence but by blind signs
which made them make up a purse of gold for him.
One crew came into New York and gave him their ship,
which he sold for 800. He gave protections to the
seamen both here and at New York, for which his clerk
got something. Some of these men gave me a small
present, and one of them dying left me 50, but if
-1-2-2G D
50 COLONIAL PAPERS.
1697
they are pirates or were ever accused as such I never
saw nor heard of it. Some of them have houses of
their own and families in Philadelphia
I have written at large about Captain Day. My one
care was to secure the river, and I say in the presence
of God that I had nothing for it, and did it in no
hope of reward. Day went from hence to Curacoa
where he sold his brigantine, and went thence to
Holland. . . .
No man living is without fault, but no man is readier
to own his faults than I. But whoever is to be judged
by success, as is too often done, may be much wronged.
The Assembly sits on the 10th prox. I doubt not
to explain all to your satisfaction if the Council of
Trade will suspend judgment until then, I wish that
anyone acquainted with Randolph, huffing and
bouncing, had but seen him when I called him to
account for his affronts here. They would have seen
him truckle, and as humble as any spaniel-dog, but no
sooner was he out of the town than he fell to reviling
me after his base manner. I would have been after
him and taught him what wood my cudgel was made
of. I must confess that I am unsettled at the rascal's
reports. 2 pp.
76. xv. William Markham to William Penn. Philadelphia,
1 May, 1697. I perceive by your last letter that you
are much displeased with me. You charge me with
what I was accounted rather opposite to you charge
me with avarice, and I cannot take it to be less than a
suspicion of my honesty. I have had as many oppor-
tunities to have bettered my fortune since I have been
here as those that have made use of them, but I have
always been governed by such principles of religion and
honour that I fear will always subject me to the
character that Randolph gives of me. I have served
you faithfully, but desire not to be a burden. I have
trusted Providence hitherto, and though it may be hard
with me, being a cripple, I cannot beg alms even at the
door of them I spent my strength for. I have sent you
a bow and arrows such as the Indians in the West
Indian Islands use. If you do not care for such things
yourself, you might oblige an antiquary with them. I
am not sure whether Day went to Holland as master of
his brigantine or not. 1 p.
76. xvi. William Markham to William Penn. Philadelphia,
1 March, 1696-7. James Clapoole gives me such an
account of Governor Nicholson's malice and envy
against this Government that I must enlarge upon him.
I have always treated him with all possible respect, and
he has returned it as endearing as a man could do. I
cannot imagine what has possessed him to drive him
into such a rage without the least notice or friendly
advice to me. It is admirable to be caressed with all
AMERICA AND WEST INDIES. 51
1697.
the shows of familiarity and suddenly without warning
changed to an inveterate enemy, and to have prejudiced
men hunted up to swear affidavits against me. But
this is not the only Government he vents against. Not
one oii the Continent escapes him, but he thinks he can
deal best with this and hopes to have it added to
Maryland. He has long tried to grasp it, whether from
avarice or enmity others must judge. His late actions
have recalled to me his behaviour in this town. He
embraced me with a kiss, and on a ride through the
country would call at poor people's houses and enquire
after miscarriages in the Government, and what the
poor ignorant people could say he put down in his
memorandum book. Who can escape complaints when
there are such diligent informers. The minister of the
Bishop of London, who was dismissed by his congrega-
tion, told me that there were several in this town who
had a cabal against me. I asked if they were
poor or rich, as I should be glad for the rich
to begin, and he said that it was some of the
chief, and their motive was my countenancing the
Quakers as I did. He promised to let me know shortly
who they were; but I have no doubt that it was
by instigation of Governor Nicholson. He himself said
to me that a rising against the Pennsylvanian Govern-
ment would not be treason, nor would the King be at
the charge of quelling it for him, intimating that
rebellion was the way to bring the province under the
King's government. If he said so much to me, what
would he say to those not dependent on you ? I conclude
that some have promises of employment from him,
who, with others that will never be satisfied with any
government some of whom are shrouded here under
the name of Quakers may soon rise to such a height
as to endanger the Government. They shall be narrowly
looked after and severely dealt with while I am here.
Mr. Coutts, whose ship is in Maryland, wants 50
hogsheads of tobacco to fill her, and several other ships
there are in the same condition, and no tobacco to be got
there. There is some in this river that the owners want
rent for, and it is but seven miles to cart to Maryland ;
and though I am confident that it would be for the
King's interest to let it pass, I dread being tricked,
having seen neither original nor copy of any permit
from Governor Nicholson. When I do I shall consider
further of it. Please discourse the Commissioners of
Customs concerning the transport of tobacco overland
to Maryland, bond being given that it shall go from
thence to England. I am satisfied that it will be for the
King's interest. 3J pp.
76. xvn. Richard Halliwell and two more merchants of
Pennsylvania to Governor Markham. Newcastle,
24 Feb., 1696-7. Stating that they have a permit from
52 COLONIAL PAPEES.
1697.
the Governor of Maryland to bring tobacco to be loaded
there from Pennsylvania, and giving bond that it shall
be carried from thence to England ; and asking his
permission to take advantage of it. p. Copy.
76. xviu. Governor Markham to Richard Halliwell and
others. Philadelphia, 26 February, 1696-7. I would
gladly serve you to the utmost where I may justly do
so ; but the law is positively against the request of your
letter of 24th and I have no power as a Governor to
dispense with an Act of Parliament. Copy. p.
76. xix. Extract from the Minutes of Council of Pennsyl-
vania, 19 November, 1696. Resolved that the Governor
write to Governor Fletcher to acquaint him that a law
has been passed this session for raising ;300,
Pennsylvania money, for presents to the Five Nations,
and to request particularly that the Indians be informed
that this present comes from Pennsylvania in compliance
with the Queen's order for a contribution to the defence
of New York; that the Indians be further informed
that the Pennsylvanians are their friends and will be
ready to give them every assistance as much as in
them lies and their religious persuasion will permit ;
and that the fact may be so represented to the King.
Copy. 1 p.
76. xx. Copy of a letter from Governor Fletcher to
Governor Markham. Albany, 28 November, 1696.
Acknowledging the receipt of the foregoing minute and
assuring him, with thanks, that his wishes shall be
complied with. ^ p. Endorsement of the whole. Some
of these papers received from Mr. Penn on 2 Nov., 1697,
others later. [Board of Trade. Proprieties, 2.
No. 6i.-xx.]
Nov. 29. 77. Journal of Council of Trade and Plantations. Draft
Circular for transmission of the Treaty of Peace read and approved.
The Answer of the Attorney and Solicitor-General as to offences
against the Acts of Trade was read (No. 72), and it was ordered
that the same be communicated to Governor Nicholson.
Colonel Gibsone presented to the Board a narrative of his
proceedings (No. 75).
Mr. Gilbert Heathcote presented a memorial in defence of Sir
William Beeston (No. 74), bringing witnesses to testify to his
statements. Order for a letter to be prepared to the Duke of
Shrewsbury on the subject.
Mr. Story appeared and again asked for consideration for his
trouble and expense (A T o. 73). The Council expressing surprise
that he had not returned to New Hampshire, he said that he had
been unable to obtain a passage, and that he had entrusted the
letters committed to him to the fleet that sailed with Lord
Bellomont.
Dec. 1. Mr. Walrond's letter to Lord Bridgewater of 11 September last
was read.
AMERICA AND WEST INDIES.
53
1697.
Petition of Sir Peter Colleton's executors read (Xo. 81).
Order for Mr. Eyles to attend on Friday next, and that letters be
prepared to express the Board's opinion on the matter.
Dec. 3. Several Orders in Council of 25th ult. about matters in various
Colonies read.
Mr. Francis Eyles attending declared that he esteemed Colonel
Colleton a fair man, but had no instructions upon the controversy
now laid before him. [Board of Trade. Journal, 10. pp. 357-362.J
Nov. 30. 78. Circular letter from William Popple to the Governors
Whitehall. o f & \\ ^g Colonies. Forwarding them copies of the Treaty of Peace
of Ryswick. [Board of Trade. Plantations General, 34. pp. 208-
209.]
Dec. 1. 79. Clerk of the House of Burgesses of Virginia to Council of
Virginia. Trade and Plantations. Forwarding the journal of the House of
Burgesses on their meeting upon an adjournment to 21 October last.
tiiyned, Peter Beverley. | p. Endorsed, Reed. 2 Aug., 1698.
A duplicate of the same addressed to the Duke of Shrews-
bury. Endorsed, Reed. Read 5 Aug., 1698. [Board of Trade.
Virginia, 6. Xos. 34, 35.]
Dec. 1. 80. Minutes of Council of Jamaica. On the death of
Stephen Towse, Thomas Nicholls was reinstated as Clerk of Council
pending signification of the King's, pleasure. Orders for sundry
payments. The accounts of the King's revenue for 1697 were
brought up after audit, and entered in the Council book. Here
folio IK the accounts. [Board of Trade. Jamaica, 79. pp. 24-28.]
[Dec. 1.] 81. Petition of Katherine Richardson, wife of Robert
Richardson, and William Thornburgh, to Council of Trade and
Plantations. Since the death of the late Sir Peter Colleton [whose
executors we are] his brother James Colleton has kept possession of
his estate in Barbados. Recently James Colleton has been made
judge of the precinct wherein the estate is situated, in spite of our
protest, enclosed, so that we can obtain no redress in law. We beg
your instructions to the new Governor that James Colletou be
discontinued being judge of that precinct. 1 p. Endorsed, Read
1 Dec., 1697. Enclosed,
81. i. Petition of William Sharpe and others to the President
and Council of Barbados. Praying on behalf of Katherine
Richardson and William Thornburgh that a disinterested
person may be appointed Chief Judge of that precinct
aforesaid in lieu of James Colleton, for the reasons
set forth above. Copy. 1 l>. [Board of Trade.
Barbados, 7. Xos. 54, 54 i.; and 44. pp. 113-115.]
Dec. 2.
Paris.
82. John Nelson to Council of Trade and Plantations.
Some time before I left England for this place I laid before you a
memorial relating to the 8th article of the peace lately concluded,
which as you did then approve of, so likewise you ordered me to
send you any further information that might come to my know-
ledge, being in France. I have not been wanting to sound their
intentions here, and am thereby the more confirmed of the necessity
of maintaining our rights, and having them especially inserted by
54 COLONIAL PAPERS.
1697.
articles conformable to my memorial aforesaid. But I have now to
add that the French will endeavour, and will instruct their Com-
missioners accordingly, to extend their limits to the river Kennebec,
designing to make that the boundary between us and them on the
eastern parts of New England, under the plausible pretence that,
that river being most noted and of the largest extent of any in
those parts crossing through the land almost to the great river of
Canada, they thereby shall be able to withhold their Indians under
such a noted boundary from any further excursions upon us on the
western side. I must now explain the nature, consequence and
value of such a concession, which in time to come may be as fatal
and irreparable unto the interest of the Crown and the prosperity
of those countries as the late surrender of Nova Scotia (by Treaty
of Breda) has proved. First, I cannot see any further security
concerning the Indians ; but on the contrary those of that river,
being now our greatest enemies, will rather be encouraged than
otherwise, seeing their country delivered up to the French, which
those barbarous nations will rather interpret to be from want of
power to keep than any voluntary resignation. So we shall thereby
become the object of their scorn and contempt, which will sooner
encourage than restrain them in their insolences and enterprises
upon us; whereas, if the French will bonafide endeavour to maintain
and promote the public peace and tranquillity, nothing is easier than
to restrain them under the limits by which they were formerly
bounded. This is the river St. George, about five leagues to east-
ward of Pemaquid, which was always the ancient boundary in my
uncle's, Sir Thomas Temple's, patent, and further than which
they have no manner of pretence nor claim. But the consequence
to us in the contrary will be of utmost moment, as, first, we shall
deprive ourselves of four or five of our best fishing islands and
harbours. Secondly, the river, being of much longer extent than
Piscataqua, will be a perpetual supply of masts, timber, deal-boards
etc., when the other will fail, many parts of it being almost
exhausted by the continual exportation that has been made.
Thirdly, the goodness of the land and its convenient situation
render it advantageous to be re-established, by which and by prudent
management I do not hold it impossible to regain them to their
ancient amity with us. It will manifestly be their interest so to do
by reason of their being among us, and that we can and always do
supply them cheaper and give them better prices for their peltry
than the French. For it was not through hatred to us that they
became our enemies, but by the mismanagement of some among us,
of which the French took advantage to insinuate and influence them
to break out into a war, as at present. I say that notwithstanding
all this they are to be regained, being a people that love and study
their own interest as much as others. As to our fishery on the
coast of Cape Sable, I find that the French will obstruct us if they
can, and that nothing but a vigorous assertion of our uninterrupted
right and custom (ever since those countries have been inhabited)
will preserve us ; but I shall say no more on this subject, having
said what is requisite in my former memorial. I hope to be in
London three weeks hence, and shall always be ready to obey
your commands^ in anything serviceable to the public interest.
AMERICA AND WEST INDIES. 55
1697.
Sinned, Jo. Nelson. 4 pp. Endorsed, Reed. Read 29 Dec., 1697.
[Board of Trade. Plantations General, 4. Xo. 79; and 84. pp.
214-218.]
Dec. 2. 83. Minutes of Council of Maryland. The weather was so
severe that only two members besides the Governor were present.
Order for an envoy to be sent to the Mattawoman Indians, in the
hope of obtaining information from them as to the late murder.
The militia-officers of Anne Arundel County appeared and received
their orders as to raising the forty-five men required and for setting
their arms in order. ^Villiam Bateman received the offer of the
post of public drummer in the room of John Newton, displaced for
negligence.
Dec. 3. Certificate of a brig being built in Maryland granted. The
Justices of Talbot County were called upon further to explain the
neglect of the County records. George Muschamp's report that he
had found nothing concerning John Coode in Robert Mason's house,
except his accounts, read, together with a second order for search-
ing Mason's house and a second report of the result. Proclamation
issued forbidding the exportation of powder and ball. Order for
the field-officers to be warned to raise the men required in their
counties without delay. [Board of Trade. Maryland, 13. pp.
388-395.]
Dec. 4. 84. Minutes of Council of Massachusetts. Order for pay-
ment of 50 to three captives lately escaped from the Indians as a
reward for their service against them, of 10 to Colonel John
Pyncheon for his extraordinary service with his regiment on the
frontier, of 30 to Ephraim Savage, one of the Commissioners for
passing debentures, of 15 to a wounded soldier, and of 6 to
Samuel Gookin for his attendance on Sir William Phips in two
journeys in 1692. Leave granted to Richard Honnewell to erect a
house in Boston. [Board of Trade. New England, 49. pp. 127-129.]
[Dec. 6.] 85. Memorial of Colonel John Gibsone to Council of Trade
and Plantations. I reported to you in my narrative that I had
been obliged to take provisions from the merchant ships in
Newfoundland, for which purpose I was obliged to draw bills to the
amount of 1,424. These bills will fall due in a fortnight, and I
beg that you will enable me to meet them. The owners of some of
the ships have applied to me to know how they shall be satisfied,
and I have referred them to you. I beg that you will hear me and
them together, that I may clear myself of the aspersions cast on me
during my absence, which I am told have been common discourse
not only in the coffee-houses but even upon the Royal Exchange.
Signed, J. Gibsone. 1 p. Emlnrxcil, Read 6 Dec., 1697. Board
of Trade. Newfoundland, 3. Xo. 91 ; and 25. pp. 168-169.]
Dec. 6. 86. Journal of Council of Trade and Plantations. Colonel
Gibsone's memorial read (Xo. 85) and a representation ordered
thereupon.
Dec. 7. Governor Codrington's letters of 5 July and 27 September read.
The letter to the President and Council of Barbados as to Colonel
James Colleton was signed (Xo. 88).
56 COLONIAL PAPERS.
1697-
Dec. 8. A draft representation as to pirates, and a draft letter to Mr.
Vernon upon Sir William Beeston's case were approved.
Dec. 9. The letter aforesaid to Mr. Vernon was signed (No. 92). Mr.
Gilbert Heathcote presenting a second memorial (No. 90) in Sir
William Beeston's defence, the sense thereof was added in a
postscript.
Eepresentations as to pirates and Colonel Gibsone's accounts
were signed (No. 93). [Board of Trade. Journal, 10. pp. 363-
366.]
Dec. 6. 87. Minutes of Council of Barbados. A ship came in from
Cork bringing news of peace, but Mr. Sharpe dissented from issuing
a proclamation of the same.
Dec. 7. Mr. Sharpe gave his reasons for dissenting from the Proclamation
proposed by the Council, the chief of which was that no authentic
notice of peace had yet been received from Whitehall. A second
provision-ship came in, blown off the coast of Newfoundland.
Dec. 8. Several accounts passed. The Assembly came in and desired
that their power relating to commitments might be ascertained,
since Mr. Cox had refused obedience thereto ; they also moved for
an order for the Agents' money and for the Agents' bill to be
passed. A Guinea-ship, come in to wood and water on her way to
Jamaica, prayed for remission of powder-duty. Edward Walrond's
petition for the taking of depositions under the public seal granted.
Dec. 9. Petition from the master of a seized sloop read, and referred to
the law-officers for report. The Assembly brought up two bills
concerning Grand Sessions, and a bill to ascertain the powers of
the Assembly; and the Speaker desired that the commissioned
officers and 112 men of the company formed from Garth's regiment
be subsisted for a month, to which the Council agreed. [Board of
Trade. Barbados, 65. pp. 261-265.]
Dec. 7. 88. Council of Trade and Plantations to President and
Whitehall. Council of Barbados. A memorial has been laid before us by
Katherine Richardson and William Thornburgh, enclosing a
petition addressed by certain persons on their behalf to you (see
No. 81). As it is wholly unfit that any person should be judge
in his own case, so neither is it allowable that any person, by being
a judge in a precinct, where matters in controversy between him
and others lie, should be enabled to obstruct the regular course of
justice. It is very requisite, if the allegations in the petition be
true, that some other judge, impartial and disinterested, should be
appointed to hear and determine this matter. Signed, J. Bridge-
water, Ph. Meadows, John Pollexfen, Abr. Hill. [Board of Trade.
Barbados, 44. pp. 117-118.]
Dec. 7. 89. Minutes of Council and Assembly of Antigua. Addresses
from the Assembly sending up an Act for annexing of several
chattels to the freehold, with an amendment, and requesting that
their representation in vindication of the Governor might be
returned to them for record, and that the messages from the
Council may be sent always in writing. Message from the
Assembly, sending up the Acts for regulating Assemblies and for
ascertaining boundaries, and suggesting" that, in view of the
AMERICA AND WEST INDIES. 57
1697.
frequent reports of peace, their former resolution as to the
remittances made during Governor Codrington's Government could
no longer be taken as an earnest of their good intentions. Orders
as to a minor's estate, as to the indictment of Henry Walden at
next sessions and as to a land-grant. [Board of Trade. Leeward
Islands, 64. pp. 220-222.]
Dec. 9. 90. Gilbert Heathcote to Council of Trade and Plantations.
I wish to add to my former memorial of 29 November (A'o. 74)
that after Sir William Beeston and my brother had both lent all
they had and the captains of the men-of-war were pressed for more,
he called all the merchants at Port Royal together and earnestly
entreated them to advance money for them. Their answer was that
they had already lent, some more, some less ; but the payment was
long delayed in England and when made was in tallies and the like,
by which they were such losers that they would lend no more.
Signed, Gilbert Heathcote. Holograph. p. Endorsed, Read
9 Dec., 1697. [Board of Trade. * Jamaica, 8. No. 78 ; and 56.
pp. 161-162.]
Dec. 9. 91. Governor Sir William Beestou to Council of Trade and
Jiiniaica. Plantations. My last letters were sent on 11 September. I received
yours of 2 July on the 7th October. With much reflection in
myself I received the King's letter of 22 April concerning the Acts
of Trade, because I do not know whether it is a circular letter
addressed to all the Governors, or whether some one has made a
particular complaint that I have neglected my duty therein. I have
already reported to you that the want of necessary supplies and the
scarcity and dearness of all things in this island in war-time have
encouraged the inhabitants to assist the importers of necessaries,
while the size of the island and the number of harbours and rivers
for landing give great facilities therein ; nevertheless little has been
in that kind, and I have taken all possible care to prevent it, as my
duty bade me. It is however plain that nothing is so ruinous to
the settlement of these Colonies as these Acts, for we are not
supplied from England nor suffered to be supplied from elsewhere.
So too with our produce, the English send no ships to take it away
and no one else is allowed to take it away, whereby the people lose
their labour, charge and industry and the King his customs. It is
easy to show that but for those Acts this island would be settled
and peopled without any charge to the King, and the customs from
hence thrice larger any year than they are now, besides the great
expense of the English manufactory and the importation of
so many thousands of pounds of gold and silver into England.
Without some such encouragement these islands will dwindle
to nothing, especially this, which is capable of anything for war
or trade and may easily be made to give laws to the Spanish
West Indies. Neither Admiral Nevill's squadron nor H.M. ships
Foresight and Chatham brought any supernumerary seamen, so
that we are much straitened for men to carry home the Reserve
and the Princess Anne, nor have we men to man one privateer.
Therefore the order to the Captains not to impress was very good,
but at the same time to order the Governor to press when the
58 COLONIAL PAPEES.
1697.
Captains say they want men is hard and impossible ; for men can-
not be impressed where they are not, nor can any be inipressed
by the Government here but the inhabitants, which would force
men from their families, probably never to see them again, besides
weakening the country by forcing away what little strength we
have. The French continue landing in the out-parts and do much
mischief. There was a standing order of the King that two fourth-
rates and a fifth or sixth-rate should always be here, but since I
sent home the Swan none of those small ships have been sent,
though we have great need of them to keep these small pickeroons
from the coast, which the big ships cannot do, being unable to
follow them where there is but little water. I have already reported
that I was obliged to make use of the soldiers' money to victual
the ships, but now that two victuallers have arrived I have ordered
some of the money that was advanced to be supplied from thence,
and for others I have taken the bills on the Victualling Office,
thereby making good the money to the soldiers' fund again. If I
had orders for it, that money, on disbanding the soldiers, would go
far towards assisting the King's ships and would save the drawing
of bills.
I have observed your orders as to French engineers, but can find
none here that can come under any such suspicion, though the
French own (and I am convinced in my own opinion) that
they have continual advice from this place of all that is done.
Thus, in order to deal them a parting blow before the war
ended (which we knew was at hand) I sent our four men-
of-war to try what they could do about Petit Guavos, but, their
passage being long, the French had intelligence, and sent all their
force together and lined tlie shore, so that there was no landing
and the ships returned without doing anything. Mr. Lewis, the
Commissary, will have considerable money in his hands, proceeding
from the sale of stores, for the disposal of which he has no orders.
We have been at great charge in preparing and maintaining fire-
ships for the defence of the place as well as for other matters, which
has run the Treasury much in debt. Many that have furnished for
these occasions want their money, and we know not how to pay them
without peace and more trade to bring money to the revenue. If
the King would bestow that money on the country it would release
it from debt. I would call an Assembly and propose it to them, but
that I knew it would be in vain, for they have the answer that since
no ships come to buy their produce they can pay no taxes, which is
too true. This is not only a great discouragement to them but a
loss to the King's customs; and for this reason, and because of the
extravagant price of freight, I have desired the men-of-war to take
in some goods, such as may not be a prejudice to them, to help the
country and raise customs. I hope that this will not be ill taken. I
have already reported to you the prejudice it is to the country for the
patentees of the principal offices to live in England and send whom
they please to act as their deputies. Now Mr. Towse, Mr. Harris's
deputy, is dead, and that before he understood anything of his office.
By the same rule we may presentty expect another as ignorant,
which is a great injury as well as trouble, especially in that office
where are most of the records of men's estates and where the officer
AMERICA AND WEST INDIES.
59
1697
Dec. 9.
Whitehall
Dec. 9.
Whitehall
of course is Clerk of the Council. I beg you therefore to order that
none may be admitted but such as shall be approved here as of
known capacity and integrity to execute those offices. I find that
the captains of the men-of-war are much displeased because I have
taken the victuallers out of their hands and would not let their pursers
sell those provisions. I have good reasons for it, which I have
now given to the Victualling Board, and which are recorded in the
Minutes of Council sent herewith. I hope they will be approved of,
since I had no design nor interest therein but the saving what
I could to the King, which I am satisfied would otherwise have
come-to a small account. Mr. Broughton, one of the Council, goes
home in this ship, an intelligent man and well acquainted with
the Island's affairs, with which he has long been concerned. He
can give you any information as to Jamaica that you may desire.
Signed, Wm. Beeston. P.S. 11 December. Yours of 27 October
with the acceptable news of peace arrived to-day. Peace has been
proclaimed. 13 December. This evening Mr. Lewis w as unfortu-
nately killed by Mr. Beckford, the Receiver General, by which both
offices are at present void. I shall fill them as well as I can. ^ pp.
Endorsed, Reed. Read 5 April, 1697. [Board of Trade. Jamaica, 8.
No. 79 ; and 56. pp. 184-189.]
92. Council of Trade and Plantations to Mr. Secretary
Vernon. In reply to the Duke of Shrewsbury's letter of the
23rd ult. we offer as follows. Sir William Beeston in his letters
of 23 July and 7 August informed us that there had been great
desertion of inhabitants from Jamaica, and especially of seamen,
occasioned by much pressing, as also that the King's service
suffered much from want of an Agent to supply his ships with
necessaries. On 19 December last we recommended that such an
Agent should be appointed and one hundred supernumerary seamen
sent out. In his letter of 15 July Sir William reported that not
one supernumerary seaman was sent out for the Southampton and
Reserve, and complained much of the want of seamen, and of the
hardship and danger to the island if he were obliged to press the
inhabitants. He mentions also that he rendered Admiral Nevill's
fleet all the service in his power. On the request of Lady Beeston
we heard on his behalf Mr. Gilbert Heathcote, who brought with
him two gentlemen lately arrived from Jamaica. They bore witness
that the Government of Jamaica takes all possible care for the
King's ships both in supplying them with provisions and in secur-
ing deserters, and gave instance of the diligence of the inhabitants
in supplying the fleet with wood and water. They likewise
answered the complaints about neglecting to give advice to Admiral
Nevill, and set forth the sums advanced by Mr. Josiah Heathcote
and Sir William Beeston, at great loss to themselves, for the men-
of-war (sec Xo. 74). Hiiincd, J. Bridgewater, Ph. Meadows, Wm.
Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade.
Jamaica, 56. pp. 162-166.]
93. Council of Trade and Plantations to the King. We annex
copies of Colonel Gibsone's account of provisions taken up by
him in Newfoundland, observing that he was obliged to draw bills
upon himself for them, those upon any office being refused, and
60 COLONIAL PAPERS.
1697.
that those bills will fall due in twelve days' time, when his person
and estate will be liable for the same unless provision be made for
meeting them. We beg your Majesty's consideration hereof.
Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Jno.
Pollexfen, Abr. Hill. [Board of Trade. Newfoundland, 25. pp>
170-171.]
Dec. 9. 94. Council of Trade and Plantations to the King. We
Whitehall, have considered the manifold mischiefs which have been committed
of late years in the West Indies and elsewhere, and the too favour-
able encouragement which (as is notorious) these robbers have found
in several of the Colonies (more particularly in Proprieties and
Charter Governments), both in fitting out from thence and in
returning thither as a secure receptacle. These pernicious practices
will make all trading in the sea insecure and by the resentment of
princes and states will tend more and more to the prejudice of
your trading subjects. The most effectual remedy would, we think,
be a law enacted here to extend uniformly through all your Planta-
tions by which the methods of trying pirates might be directed, and
the punishment of that crime made capital. Till such an Act shall
be made we propose that you direct that copies of the Act of
Jamaica, for restraining and punishing privateers and pirates, be
sent to the Governors of all your Colonies, the Proprieties and
Charter Governments included, with orders to each of them to use
their utmost endeavours with their Assemblies to pass an Act to the
same effect. We advise also, in concurrence with the opinion of
the Judge of your Court of Admiralty here, that the Lords of the
Admiralty give positive and pressing orders to all their Vice-admirals
and Judges of Admiralty in the Plantations to be very diligent and
vigorous in executing their powers by seizing, trying and punishing
any pirates that may be found within their jurisdictions, or for
sending them hither to be tried by the laws of England, as shall
seem most conducive to bringing them to punishment. Signed,
J. Bridgewater, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Abr. Hill. [Board of Trade. Plantations General, 34. pp. 211-
213.]
Dec. 10. 95. Minutes of Council of Massachusetts. Letter from the
Council of Trade of 27 October read, and peace proclaimed as
therein directed. [Board of Trade. New England, 49. p. 129.]
A
Dec. 13. 96. Governor Sir William Beeston to William Popple.
Jamaica. Yours of 2 July has been received and shall be observed. But at
present I have no thought of calling an Assembly, nor shall I unless
I can thereby produce some great advantage to the King's revenue
or to the service of the Island, for we have more laws already than
are observed, and I am of opinion that multiplicity of laws is a
great prejudice to any country. I send the Minutes of Council,
also the accounts of the revenue to Michaelmas last. I should
take it as a great kindness if you would favour me with your
correspondence. Signed, Wm. Beeston. Holograph. J p. Endorsed,
Reed. Eead 4 April, 1698. [Board of Trade. Jamaica, 8. No. 80;
and 56. p. 190.]
AMERICA AND WEST INDIES. 61
1697.
Dec. 13. 97. Journal of Council of Trade and Plantations. Mr.
Story again asking for allowance for his voyage from New Hamp-
shire, a letter to Lord Bellomont on the subject was ordered to be
prepared.
Dec. 14. The Secretary reported that yesterday he had waited on Mr.
Vernon to ask him to give his assistance to this Council of which,
being Secretary of State, he was now a member.
Colonel Gibsone communicated certain information received from
Newfoundland as to great mortality among the English soldiers
there, and as to the weakness and discontent of the French garrison
of Placentia.
Dec. 15. Letter to Lord Bellomont in favour of Mr. Story signed.
Dec. 16. Order for the Secretary to write to the Proprietors of the Pro-
prietary Colonies for copies of their laws. [Board of Trade.
Journal, 10. pp. 368-373.]
Dec. 14. 98. Minutes of Council of Barbados. Bill empowering the
Assembly to appoint Agents read twice and rejected, being contrary
to the royal instructions. Order for provisions to be supplied to
the Bonaventure.
Dec. 15. Bill to ascertain the Assembly's powers read twice and
committed. Address for printing the laws read. The Quakers
produced a certificate from the Prerogative Court of Canterbury,
shewing that they were admitted executors upon making affirmation
instead of oath. Resolved that it be recorded and accepted as of
force in the Island. At the request of the Assembly an order for
750 for payment of the Agents was passed. Certain accounts
were" passed. [Board of Trade. Barbados, 65. pp. 265-266.]
Dec. 15. 99. Council of Trade and Plantations to Governor the Earl
Whitehall. O f Bellomont. Mr. Charles Story, who brought to us the news of the
late disorders in New Hampshire, has desired our assistance towards
obtaining some allowance for his trouble and expense therein. We
determine nothing in that head, but we cannot refuse him our
testimony that he has been a diligent solicitor in that affair, so we
leave his claim to be dealt with by yourself and the Council of New
Hampshire. Signed, J. Bridgewater, Ph. Meadows, Jno. Pollexfen,
Abr. Hill, Geo/ Stepney. [Board of Trade. New England, 36.
pp. 331-332.]
Dec. 15. 100. Minutes of Council of Massachusetts. Order for
payment of 7 6s. 4</. to Duncan Campbell for provisions bought
for the entertainment of the Earl of Bellomont, and of 3 to a
prisoner lately escaped from the Indians. [Board of Trade. New
England, 49. p. 135.]
Dec. 15. 101. Journal of General Assembly of Massachusetts. The
Lieutenant-Governor acquainted the Assembly with the purport of
letters from the Agents and from Whitehall respecting the procla-
mation of peace and the disallowance of two laws, after which
he proposed that fit persons should be appointed to meet Lord
Bellomont at New York.
Dec. 16. Agreed that the Council nominate two persons and the Repre-
sentatives one to meet Lord Bellomont.
62 COLONIAL PAPEES.
1697.
Dec. 17. A vote of the Representatives for allowing a rebate of duty, and
several votes for payment of salaries and small charges, agreed to.
Wait Winthrop, Elisha Cooke and Penn Townsend appointed to
meet Lord Bellomont at New York.
Dec. 18. On the motion of the Representatives, the preparation of a bill
to prohibit exportation of coin and bullion was ordered. The
question of Thomas Hinkley's land deferred to next Session.
Address to Lord Bellomont read, and left to further reading.
Sending votes for payments agreed to. [Board of Trade. New
England, 48. pp. 207-211.]
Dec. 16. 102. Order of the King in Council. Referring the repre-
Kensington. sentation of the Council of Trade respecting Colonel Gibsone's
accounts (see No. 93) to the Lords of the Treasury for consideration.
Copy, i p. Endorsed, Reed. Read 21 Dec., 1697. [Board oj
Trade. Newfoundland, 3. No. 92 ; and 25. p. 172.]
Dec. 16. 103. Minutes of Council and Assembly of Antigua. The
Council passed the Act for regulating slaves, sent up by the Assembly,
and agreed that the Act for an impost on liquors should be renewed.
Address of the Assembly to the Governor, setting forth the trouble
that might ensue to Antigua if on his death, and after his beneficent
rule, Lieutenant-Governor Gardner should succeed him in the
Government ; and praying him to take measures to avert such an
event. Answer of the Governor, that he recognised the justice of
their fears and would do what he could. Message from the
Governor that Barry Tankard had returned and surrendered
himself for trial. The Assembly sent up six Acts, to the Governor
to be passed, of which he declined to pass those for regulating fees,
and appointing the number of the Assembly. Orders as to land
grants, and for payments in compensation to the owner of two
runaway negroes who had been killed. [Board of Trade. Leeward
Islands, 64. pp. 222-227.]
Dec. 16. 104. Minutes of Council of Montserrat. Free licence granted
to Hercules Murphy to keep a tavern for a year, he having been
maimed in the expedition to Martinique. A joint Committee
appointed to audit the Treasurer's accounts. [Board of Trade.
Leeward Islands, 64. p. 527.]
Dec. 16. 105. Order of the King in Council. Referring Governor
Kensington. Codriiigton's letter to the Privy Council of 5 July, to the Council of
Trade and Plantations. Copy. % p. [Board of Trade. Leeward
Island, 5. No. 62 ; and 45. p. 127.]
Dec. 17. 106. Minutes of Council of Maryland. Letter of the Council
of Trade of 27 October read. Order for peace to be proclaimed
accordingly. [Board oj Trade. Maryland, 13. pp. 395-396.]
Dec. 17. 107. Sworn information of William Hughes, of the parish of St.
James's, Westminster. I have received the enclosed letter as to the
misusage of my son by Captain Ganspoole. When my son was first
retained as servant to him it was agreed that he should have four
shillings a year, meat, drink, washing, lodging and clothes, while in
England, and on accompanying him to Antigua, twenty shillings a
AMERICA AND WEST INDIES. 63
1697.
year more, also to be clerk of his company, giving a month's warn-
ing upon dislike. Captain Ganspoole promised the servant that
he should freely go to his brother, William Burnett, at Barbados ;
all of which, according to this letter, he has not performed. 1 i>.
Endorsed, Reed. Read 20 Dec., 1697. Enclosed,
107. i. Benjamin Burnett to his parents, 29 Sept., 1697.
Dear father and mother, my humble duty presented
unto you hoping that these lines will find you in good
health as I am at this present, blessed be God for it.
Your long absence from me surprises me, especially I not
having heard from you since I came, only my brother
William informs me in a letter which he sent to me
that he received a letter from you and that you desired
him to enquire after me, which he did, but my master
will not permit me to go to him, neither will he give me
any money or clothes, but keeps me in a very poor con-
dition. I have been very bad of the fever and ague for
the space of seven months, but I thank God am now
recovered, and am resolved now I have my health never
to remain in this poor condition, but privately depart
from this unfaithful master of mine hoping that God
Almighty will be my guide, and you may assure your-
selves that wheresoever I am I shall not fail to send you
word. Pray remember my kind love to my brothers
and bid them to take care how they depart from Europe
with strangers. Pray remember me to all my friends
and acquaintance, having no more to say at this time
but my prayers to God for you all, I remain your
dutiful and obedient son till death, Benjamin Burnett.
1 p. Very well written and spelt. \_Boanl of Trade.
Leeward Islands, 5. .Vos. 63, 63 i.]
Dec. 19. 108. John Usher to Council of Trade and Plantations. I
Boston. have rece i ve( j yours of 3 August and 27 October last. Herein I
enclose an account of my proceedings in pursuance of your orders
in New Hampshire. 1 gave you formerly an account of the seizure
of the Government by Hincks, Yaughan and Waldern. Since then
they have taken upon themselves to call an Assembly, have raised
a considerable sum of money, turned Joseph Smith out of his
places as Councillor and Treasurer, and have taken the King's
money into their hands, for which Smith had issued out a warrant,
pursuant to an Act when I was in the Government. This I judge
proper to lay before you. As to the present disorders relating to
the Government, pray refer to the enclosed. As to Partridge I
submit that he might have qualified himself when he was in England
but he neglected to do so, and for over a year after his arrival here
refused to assume the Government as not being qualified. On the
day after I had published your orders he entered on the Government
without qualifying himself, contrary to your directions of 3 August,
and Hincks gave him an oath. He then admitted three suspended
persons to Council, without their restoration by the King's authority,
and put out Joseph Smith and Kinsley Hall, both loyal persons \vlio
sat with me in Council on the 18th inst. All this was expressly
64 COLONIAL PAPERS.
1697.
contrary to the King's commission and very discouraging to loyal
persons. He has made one Penny Secretary, a person who is not a
freeholder nor has five pounds in the world, contrary to the Royal
Instructions. Partridge being sensible that he could not gratify
himself before entrance on the Government made Hincks, Vaughan,
Waldern, Eliott and Coffin give bonds to pay part of the 1,000
penalty imposed by the Act, which, with submission, I take to be a
high misdemeanour. I am told that Partridge with advice of his
Council has issued warrants to call an Assembly; if he be not
qualified I judge he cannot legally do so. The reason why Partridge
did not sooner assume the Government was that he had two
ships from Bilboa with iron, and another with European
goods from Newfoundland arrived this summer, all contrary
to the Acts of Trade, and that he feared I might seize the
vessel and part of the goods, which I should have attempted.
I issued my warrants for my Commission, instructions and
the seal to be given to me, Partridge, Hincks, etc., having
by a wile got them from Mr. Fryer, in whose custody I had left
them. I could not by warrant obtain them so, as Partridge entered
the Government, keeping my commission, etc., I judged it my
safety to proceed no further in the Government but to retire to
Boston and await further orders. When Captain Walton went to
England there was 83 of the King's money in his hands for which
he has my receipt. I hope that the King will allow me the same
for the money which I have been forced to pay to Walton and to
Mr. Story to give you an account of New Hampshire. In all this
amounted to 90; but if you will not allow it, the money shall be
repaid into the Treasury. It is six years since I had the King's
commission, and to this day I have never had a penny to support
me in the Government, but have spent over 700 of my own, besides
expense of time. I hope that the King will allow me the 1,000
forfeited by Partridge to the King, being nothing out of the Treasury
in England. To support the Government I suggest that the King
should lay a tax of three shillings a thousand on all boards, pro rata,
planks, lumber and staves, for anchorage money. The transient
discourse which I heard here respecting your orders was that they
had no occasion to mind a private letter from you, looking on the
Lords Justices as no other than their own ignorant justices. I
hope that in the spring there will come orders to make these
" mighty potent " (though but an inconsiderable handful) to
answer for their irregularities at Whitehall. If not, I think it will
be very prejudicial to all the Governments immediately com-
missionated by the King. Signed, John Usher. 2 pp. Enclosed,
108. i. Account of Lieutenant-Governor Usher's proceedings
on receipt of his orders of 3 August and 27 October,
1697, from Whitehall. I at once issued a warrant for
Henry Green, Nathaniel Wear, Peter Coffin, Kingsley
Hall and Joseph Smith of the Council to meet me at
Hampton on the 13th of December. I also issued my
warrant for Joseph Smith to order the whole militia of
the town to appear under arms for the proclamation of
peace, which was done. On Sunday, 12 December, just
before Mr. Cotton pronounced the blessing at the close
AMERICA AND WEST INDIES. 65
1697.
of Divine service, I asked his permission to speak, and
read their Lordships' letter of 3 August requiring all
persons to obey the same. On the 13th the members of
Council duly appeared, and, several of the militia being
present under arms, the letters of 3 August and of
27 October were read, after which three volleys were fired
in honour of the peace, and the soldiers were dismissed,
I having first ordered wine to be given to them to drink
the King's health. I then called upon the Councillors
present to accompany me to Newcastle to execute your
orders. Wear and Green prayed to be excused, but I
required their obedience. I then set forth with all the
Councillors except Green to Newcastle, where Captain
Walton, by my order, had drawn up as many of the
militia as he could obtain under arms. We then
alighted from our horses, and before going into any
house I read the aforesaid orders and proclamation, and
ordered wine for the soldiers to drink the King's health.
An hour later I sat in Council, having warned all to
appear, but only Fryer, Coffin, Wear, Hall and Smith
were present. I then gave my warrant to Captain
Fryer to deliver the King's fort and stores to Captain
Walton. He ordered the fort to be. delivered to him,
but Hincks, who had the custody of the stores, declined
to deliver them. I issued my warrant therefore for
seizure of the stores, which was done. On the 14th
December, while Captain Walton was taking account of
the King's stores, Mr. Partridge, who had that day
been sworn and had entered on the Government (though
contrary to Act of Parliament) with a pretended Council
(of whom two had sat with me on the day before) came
with about one hundred well-armed men, drums
beating, colours flying, entered the fort and seized the
same. I asked by what power this was done; and
was answered by Mr. Partridge, as Lieutenant-Governor.
Mr. Partridge read his Commission in the fort and
published the proclamation of the peace (though he had
no order for the same and I had done it on the day
before). A warrant was immediately issued for arrest .
of my sheriff and for two files of musketeers to seize
him, when judging myself not safe, since I could not
get my Commission, I returned to Boston. Hi fined,
John Usher. 2 pp.
108. n. Minutes of a Council held at Newcastle, New Hamp-
shire, on 13 December, 1697. Lieutenant-Governor
Usher, Messrs. Fryer, Coffin, Wear, Smith and Hall
present. The orders of 8 August and 27 October
from Whitehall were read, and the Lieutenant-
Governor said that he had already caused them to be
published. Orders for a day of thanksgiving for the
peace on 30 December, and for a warrant for the
delivery of the records of the province to Joseph
Smith. Adjourned till to-morrow. 1 p. The whole
4226 E
66 COLONIAL PAPEES.
1697.
endorsed, Reed. Read 11 April, 1698. [Board of Trade.
New England, 8. Nos. 181, 131 1., n. ; and (without
enclosures) 36. pp. 355-358.]
Dec. 20- 109. James Vernon to Council of Trade and Plantations.
Whitehall, g v ^ ne King's order I send you copy of a memorial lately given in
by the French Ambassadors at the Hague to the King's Ambassador.
You will report how much of the island of St. Christophers is to be
restored to the French in virtue of the late Treaty, and whether
anything is to be demanded on the King's part in relation either to
St. Christophers or to any other parts of America. I transmit also
a memorial from Mr. Ralph Grey, Governor of Barbados, concerning
an allowance of shipping for his attendance or equipage, whereon
also you will report. Signed, Ja. Vernon. 1 p. Endorsed, Reed.
Read 21 Dec., 1697. Enclosed,
109. i. Memorial of the French Ambassadors at the Hague.
The Treaty of Peace carries with it the restoration of
two quarters of the Island of St. Christophers which
were taken by the English during the late war. The
Most Christian King has ordered his ambassadors to
demand from the English Ambassadors the necessary
orders for replacing the French in possession, so that
the same ship to be despatched there by the French
King in January next may carry both his orders and
those of the King of England for the reinstating of the
French. Copy. French. J p. Endorsed as the letter.
[Board of Trade. Leeward Islands, 5. Nos. 64, 64 1. ;
and 45. pp. 129-131.]
Dec. 20. 110. Minutes of Council of Massachusetts. Order for pro-
viding clothing for French prisoners until they can be transported.
Dec. 22. Order for payment of 40 to each of the Judges of the Superior
Court, and of Jb'15 to James Maxwell for a year's service as door-
keeper to the Council and Assembly. [Board of Trade. New
England, 49. pp. 136-137.]
Dec. 20. 111. Journal of General Assembly of Massachusetts. Address
to Lord Bellomont agreed to. Bill to prohibit exportation of coin,
etc., read.
Dec. 21. The bill aforesaid was read a second and third time and ordered
to be engrossed. Two justices heard in defence of a complaint
against them.
Dec. 22. Order on the complaint aforesaid, that the warrant of execution
issued by the said justices be cancelled. Bill to prohibit exporta-
tion of coin passed into a law. Committee appointed to examine
the demands of wounded soldiers. Prorogued to 16 March, 1698.
Memo. On 24 Feb. the Assembly was dissolved. [Board of Trade.
New England, 48. pp. 212-214.]
Dec. 20. 112. Journal of Council of Trade and Plantations. The
representation of 9th inst. (No. 94) as to pirates being returned
from the Privy Council, Lord Bridgewater explained that there were
further papers on the same subject to be considered.
Governor Codrington's letter of 5 July to the Privy Council read.
AMERICA AND WEST INDIES.
(57
1697.
Dec. 21.
Dec. 22.
Dec. 23.
Dec. 24.
Dec. 21.
Dec. 21.
Whitehall.
Dec. 21.
Whitehall.
Affidavit of William Hughes (No. 107) read. Ordered that the
matter be brought to Governor Codrington's notice in the next
letter written to him.
Mr. Secretary Vernon's letter of yesterday as to the restitution
of the French part of St. Christophers and Mr. Grey's passage
read (No. 109). Order for the books to be searched for the
precedents in both cases.
Copy of an Order in Council of 16th inst. (No. 102) as to Colonel
Gibsone's accounts received and read.
Draft letters, requesting the owners of Proprietary Colonies to
send copies of their laws, approved.
On Mr. Richard Gary's request, it was ordered that copies of the
complaints against Governor Codrington be given to him.
The laws of Virginia, borrowed from Mr. Bird, were returned.
Mr. Bridgeman's letter of yesterday as to Mr. Grey's tonnage
read (A 7 o. 117), and a letter was at once written to Mr. Secretary
Vernon thereupon.
Mr. Secretary Vernon's letter of 21st, with copies of advices from
the East Indies concerning pirates, was received and read (No. 115).
The business of the restitution of St. Christophers considered,
and a letter written to Mr. Secretary Vernon thereupon (No. 128).
[Board of Trade. Journal, 10. pp. 375-380.]
113. Memorial of Ralph Grey to Council of Trade and
Plantations. The late Governor Russell on going to Barbados,
besides tonnage for his goods, had allowed him twenty chaldron of
coals, two coaches, thirty-two persons, and twenty-one horses, for
the carriage of which the Navy Board contracted, and paid before
the ship left the Thames. Governor Grey desires that the like may
be allowed to him. p. Endorsed, Reed. Read 21 Dec., 1697.
[Board of Trade. Barbados, 7. No. 55 ; and 44. p. 119.]
114. William Popple to the Secretaries of the Admiralty.
I forward a memorial from Mr. Ralph Grey (see preceding abstract).
Finding no particular account of these matters in the books, the
Council of Trade desires to be informed by the Admiralty what
tonnage was allowed to Governor Russell for his goods, and also
for the other occasions mentioned in the memorial. [Board of
Trade. Barbados, 44. pp. 119-120.]
115. James Vernon to Council of Trade and Plantations.
I send you, by the King's command, copies of advices received
from Persia and India by the East India Company concerning
piracies committed there for the most part, as it is represented,
by the King's subjects, to the great damage of trade and the
further danger of servants and factors by irritating the Governors
of those countries against them. You are to consider what
measures are to be taken for suppressing such piracies, for
destroying the fort they are said to have built in the island
Santa Maria near Madagascar (where they are supplied with
provisions from the West Indies), and for preventing them from
settling themselves under a formed Government of robbers.
, Ja. Veruon. J p. Endorsed, Reed. Read 23 Dec., 1697.
68 COLONIAL PAPERS.
1097.
Enclosed,
115. i. Copies of extracts from letters received by the East
India Company.
Bombay, 15 October, 1696. Horrible clamours
are occasioned by the pirates from all parts, which
are unanimously reputed to be English. Besides
the Gunsway the Mogul's own ships were robbed last
year near Surat and barbarously used. Abdul Gophow
has since had one robbed of a great sum in the Gulf of
Persia, and this day we have news from Mocha of
two ships belonging to the Company's merchants being
taken. The loss of one of them, in which was 60,000
rupees, amounting to 7,500, has almost broke some of
the merchants in Bombay, and is a considerable prejudice
to the Company, for there was in her eighty tons of
good new coffee. They were taken by two small pirates,
one of fourteen and one of thirteen guns, with each
about one hundred and fifty men, almost all English.
They used the crannyes (or pursers) very barbarously
to make them confess they had more than what was in
the ships. They set the master ashore at Aden to sell
the two prizes, but he not returning, they burned them
both. The surgeon of one of the ships, who was carried
on board the pirate, gives the following account, viz.,
that on the 14th and 15th August the Buparrell and
Calicut, merchantmen, both bound for Bombay, were
taken by a pirate called the John and Rebecca, John
Hore captain, that came out of the Babs, near Mocha;
the pirates, being unable to get the prizes ransomed at
Aden for 3,500 pieces of eight, burned the Calicut first
and the Ruparrell afterwards, with the English ensign
at the top-mast-head, in sight of the people at Aden,
turning the lascars (or Indian seamen) on shore, and
taking the English on board. From thence the pirates
proceeded to the Gulf of Persia, designing to plunder
Congo. At Tarnpo (also called Antelope Island) they
careened and victualled their ship and sent their
boat to Congo to observe the place. In the night they
took two fishing-boats, which told them that six
Portuguese men-of-war were there. Thereupon they
went to Cape Mussington and plundered a fishing-
town ; then turning up towards Kirmish (an Island in
the Gulf of Persia) they took a country- vessel ; then
they sent to view Congo a second time, and an island
higher up, after which the narrator, being set ashore at
Gambroon, can tell nothing further of their proceedings.
This same letter from Bombay further reports that
another of these rogues was in July off Tellicherry,
looking out for the ships of that coast coming from
Aden, and that there was hourly expectations of the
Company's affairs being embroiled there. At Surat it
was generally reported that there were five pirates at
the Babs near Mocha.
AMERICA AND WEST INDIES. 69
1697.
From Bombay, 15 December, 1696. A ship, called
the Mocha, in the Company's service, was bound on a
voyage from Bombay to China, when part of her crew
conspired together, killed the captain, wounded the
carpenter, secured the rest of the officers and turned
seventeen men, who refused to be concerned in their
further design of piracy, adrift in a small boat without
victuals or water, where they were for three days in the
utmost danger and extremity. At the same time another
of the Company's ships, the Josiah, being bound from
Bombay to Madras, some of the men took the opportunity
of the master's sickness to run away with her, but by a
strange Providence she came where these seventeen men
were ashore, who recovered her and carried her back to
Madras. These disorders the factors attribute in very
great measure to the licentious principles and practices
of interlopers, who, to the utmost of their power in India,
have endeavoured to banish all reverence of government
from the minds of men. Probably the actions of some
like men in England have contributed thereto, by
declaiming against all acts of justice done in India
against malefactors. If care be not taken to suppress
pirates in India, and to empower the Company's servants
there to punish them according to their deserts without
fear of being traduced for what they have done when
they return to England, the said servants fear it is
probable that their throats will all be cut by malefactors
and by the natives of the country in revenge for frequent
losses, and, moreover, the trade in India will be wholly
lost. It occasions great trouble to stave off the Governors
of these parts from violently revenging the loss of their
subjects' lives and effects upon the lives and estates of
the Company's servants. The factors have fresh advice
of two pirates (wherein all are English) on the Bombay
Coast, one of which has taken an Arab ship, which will
probably put the Arabs upon taking all the English
that they can master.
From Bombay, 15 January, 1696-7, and from Calicut,
30 November, 1696. On 23 November, 1696, a pirate came
under English colours into Calicut Road, where several
ships were at anchor. Coming in call of the outermost
the pirate fired a gun at her, and then hoisting Danish
colours tired broadsides and volleys of small shot, laid
her on board and took her. From her they fired at the
other ships and took three of them, viz., one of the Mogul's
hired ships, a Banyan ship, and the Company's frigate
Josiah. Thereupon five other ships cut their cables
and ran ashore. Having taken four of them they
demanded 10,000 ransom for them or threatened to
burn them. Not having the money immediately they
hoisted bloody colours, fired one of them and soon after
set a second ashore, also on fire. Some of the pirates,
when they came ashore to demand the ransom, acquainted
COLONIAL PAPERS.
1697.
the Chief and Council that they acknowledged no
countrymen, that they had sold their country and were
sure to be hanged if taken, and that they would take no
quarter, but do all the mischief they could. Captain
Mason was sent on board them from the English factory,
but after some show of detention he was turned ashore.
He reported that the pirates were going to cruise for
the Persia and Bussorah ships, that she had been at
Mocha, having left it on 24 August, that she was the
ship that took the Arab at Chuttapore, that she is of
about 300 tons, 100 men and 20 guns, that her
commander is a Dutchman, Dirick Clevers, of New
York, that he has been two years out from thence, and
that he expects a consort of much the same burden
commanded by one Hore. The Commander of the
pirate also told Mason that most of the pirates which
infest those seas are fitted out at New York, whither
they return a share of their unlawful gains, the Governor
conniving thereat, and that Guilliam's ship, after their
piracies in the Indian seas, returned thither and shared
700 each man. They then made a present of their
ship to the Governor, who sold her for 1,000; and
shortly afterwards 2,000 was offered to the buyer by
some of the crew who intended to pursue their evil
practices. This pirate's actions so exasperated the
Governor, country and people that, had not some
soldiers and others stood by the English and piotected
their factor, the country-people would have destroyed
the Company's servants ; for they were all reporting
that the pirate was an English ship and belonged to the
Company, and that the money demanded for ransom
was to be brought ashore again into the factory. While
closing the letter of 16 January, the factors received
advices that three pirates in the Coast of Sindy had
taken seven country ships, worth 400,000 rupees or
50,000 ; the factors were fearing that the whole of the
Company's effects might be taken.
From Gambroon in Persia, 16 January, 1696-7. On
the 4th inst. one of the pirates that lately was off
Congo was brought in prisoner, having been taken at
Cape Jasques, where he and several others had landed
to plunder for provisions. The Persians fought them,
killed three and took one. He is an Irishman, says his
father was Dutch and his mother English, confesses
that they are of all sorts in the ship, but says that she
comes from the King of England's dominions (meaning
New England); so that the Persians say that the
English are the only robbers. The factors sent to the
Government to desire that the prisoner might be
brought to their factory to be examined, and that if he
were an Englishman he should be sent to Bombay to
answer for his roguery in burning two English ships in
the Gulf of Mocha. But the Government would grant
AMERICA AND WEST INDIES.
71
1697.
Dec. 22.
Whitehall.
Dec. 22.
Admiralty
Dec. 23.
Whitehall.
Dec. 23.
Kensington.
nothing, and have sent him to the Chief Governor of
Lar. What they intend to do with him is not known.
The factors believe they will come to some trouble and
disgrace about him.
From Captain Thomas Warren, of H.M.S. Windsor,
to the East India Company, 28 November, 1697. The
master of ship from Madagascar, whom I met, gave me
the following account. There is a small island called
Santa Maria at the north-east part of Madagascar,
where the pirates have a very commodious harbour to
which they resort and clean their ships. Here they
have built a regular fortification of forty or fifty guns.
They have about 1,500 men, with seventeen sail of
vessels, sloops and ships, some of which carry forty
guns. They are furnished from New York, New
England and the West Indies with stores and other
necessaries. I was informed that if they could obtain
pardons they would leave that villainous way of living.
7 pp. [Board of Trade. Plantations General, 4.
Xos. 80, 80 1. ; and (covering letter and concluding
extract only) 34. pp. 226-227.]
116. William Popple to William Thornburgh and to the
Proprietors of East and West Jersey. Desiring them to send
copies of the Acts of Assembly of the Bahamas, Carolina and the
Jerseys. [Board oj Trade. Proprieties, 25. p. 189.]
117. Secretary of the Admiralty to William Popple. In
reply to yours of yesterday, with Mr. Grey's memorial, I am to
acquaint you that, as the providing tonnage for the carriage of
goods, etc., for Governors of the Plantations is a service that relates
not to the Navy, the Admiralty gives no orders in such matters
except according to the King's pleasure signified to them. In
Colonel Russell's case this was done by Order of Council, as will
appear by the Council books. Signed, Win. Bridgeman. p.
Endorsed, Reed. Read 22 Dec., 1697. [Board of Trade. Barba-
dos, 7. No. 56 ; and 44. pp. 120-121.}
118. Council of Trade and Plantations to Mr. Secretary
Vernon. We are unable to give you any opinion as to the tonnage
requested by Mr. Grey for want of information as to what has
formerly been allowed on the like occasion. We have thought
fit to send you copies of a letter written by our order on the 21st
inst. (No. 114) to the Secretary of the Admiralty, and of his reply
of the 22nd (No. 117), leaving it to you to lay the matter before the
King in such manner as you think most proper, that it may receive
the necessary expedition/ Sinned, Phil. Meadows, John Pollexfen,
Abr. Hill, Geo. Stepney. [Board of Trade. Barbados, 44. pp.
121-122.]
119. Order of the King in Council. Referring the petition
of Usher Tyrrell to Council of Trade and Plantations for report.
Signed, John Povey. Annexed,
119. i. Petition of Usher Tyrrell to the King in Council.
lately submitted a petition to you on which a
72 COLONIAL PAPEES.
1697.
report has been made that the money, for the remission
of which I pray, cannot be remitted since it is already
appropriated by law. I beg you to recommend my sad
case to the Governor and Assembly, whether they will
not report that your Majesty may, notwithstanding the
law, grant me the relief for which I ask. Copy. 1 p.
The whole endorsed, Reed. Read Dec. 30, 1697.
[Board of Trade. Jamaica, 8. No. 81, 81 1. ; and 56.
p. 170.]
Dec. 23. 120. John Usher to the Lord Justices of England. I have
Boston. still to answer that part of your letter of 3 August which refers
to Acts of General Assembly. I received this on Saturday,
11 December, while on my way to Hampton. Mr. Stoughton
living out of town, I proceeded on my journey without first apply-
ing to him. On my arrival in New Hampshire all seemed with a
good aspect, Mr. Coffin assuring me that all would go well without
any obstruction. I then proceeded as already reported (see No. 108)
and on my return to Boston I applied to Mr. Stoughton. As Lord
Bellomont may be arrived, I dare say that he will give orders therein.
As to the laws, the Secretary had strict orders from me that every-
thing should be written fair and sent to the Council of Trade, and
always thought this had been done until you informed me to the
contrary. The said Secretary is lately dead. For five years'
service in General Assembly and Council he never had above 12.
He was a true, loyal person, and I hope his failures will be overlooked.
In future these matters shall receive more careful inspection. I beg
that the laws for the Militia and the Courts may be confirmed and
the rest rejected. This will soon make a change in them, for sooner
than not have laws to raise money for prudential affairs they will
take care to support the honour of the Government. I have not
received a farthing since I entered on the Government, and my
expense has been very great. I hope that the leaders of disturbance,
being persons of estate, will be called to account at Whitehall.
Signed, John Usher. 1 p. Enclosed,
120. i. Copy of a letter from John Usher to Lieutenant-
Governor Stoughton, Boston, 18 December, 1697.
Narrating the occurrences which led to his return from
New Hampshire (see No. 108 1.) and asking for his advice
and assistance. 1 p. The whole endorsed, Reed.
Read 11 April, 1698. [Board of Trade. New England,
8. Nos. 132, 132 i. ; and (without enclosure) 36. pp.
359-361.]
Dec. 23. 121. Minutes of Council of Montserrat. The impost on
liquors and licence for taverns was farmed out to William Frye for
70,000 Ms. of sugar. [Board of Trade. Leeward Islands, 64.
p. 527.]
Dec. 23. 122. Minutes of Council of Maryland. Order for special
summons for the meeting of the Council. Order for several persons
to attend the Governor and Council at Battletown on the llth prox.
[Board of Trade. Maryland, 13. pp. 396-398.]
AMKIMCA AM) WEST INDIES. 73
1697.
Dec. 24. 123. Council of Trade and Plantations to Mr. Secretary
Whitehall. Vernon. Forwarding a report as to the island of St. Christophers
pursuant to the King's orders conveyed in his letter of 20th inst.
,SW following abstract. [Board of Trade. Leeward Islands, 45.
p. 181.]
Dec. 24. 124. Council of Trade and Plantations to the King. In
reply to your questions as to the demands to be made on your part
in respect of St. Christophers or other parts of America, we report
as follows. St. Christophers, ever since the first settlement by the
English and French, has always been divided into four quarters
(each nation having two) besides a peninsula running south towards
Nevis, with salt-ponds which did belong to the French alone. But the
salt being absolutely necessary to the English as to the French was
commonly gathered or shared by both nations, who kept up a
friendly correspondence until 1666, when the French took the two
English quarters by surprise. By the Treaty of Breda in 1667 the
French covenanted to restore this land with all speed, or at furthest
within six months, with all the negroes, slaves and other moveable
goods. But contrary to this obligation they retained the island till
1671, in spite of several protests and of the immediate cession
by us of Acadia. By this undue execution of the treaty
the English were endamaged 500,000 sterling. In this state the
Island remained until the first year of the present war, when con-
trary to the first Article of the Treaty of Neutrality of 1686, the French
again attacked the English, took the chief fort, drove them off the
Island, destroyed most of their plantations and kept the whole
until 1690, when Colonel Codrington recaptured the island and
sent the French away by capitulation to the other French Colonies
in America. Since that time St. Christophers has remained entire
in your Majesty's possession, but by the 7th Article of the Treaty of
Ryswick the two French quarters are to be restored to them.
By the 8th Article of the said Treaty, Commissioners are to be
appointed to settle the rights and pretensions of both parties to
Hudson's Bay, and these Commissioners are to meet in London
within three months of the ratification of the Treaty. Your
subjects in Hudson's Bay have many complaints to bring before
the Commissioners.
There are several pretensions of your subjects to Nova Scotia or
Acadia, wherein not only private rights are concerned, but
complaints are made of French encroachments on your dominions,
and doubts are raised as to the possession of Port Royal and St.
Johns, and as to fishing rights.
In Newfoundland the French do not appear entirely to have
quitted the English ports nearest to Placentia. A timely demand
should be made lest they endeavour to ground claims on the omission
thereof.
As to St. Christophers the Treaty of Neutrality contains provisions
as to the right to fetch water and salt, but as it is not clear how
far this Treaty is revived or confirmed, there may be further con-
sideration required in order to a reciprocal agreement. The
inhabitants of the Leeward Islands have asked that you will retain
St. Christophers wholly for yourself by giving the French an
74 COLONIAL PAPEES.
1697.
equivalent; and since the Treaty of Byswick empowers the com-
missioners to exchange territory for mutual advantage, we think
that orders should be given to settle this and other matters.
Sif/ncd, J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Jno.
Pollexfen, Geo. Stepney. 6 pp. [America and West Indies. 601.
No. 49 ; and Board of Trade. Leeward Islands, 45, pp. 131-139.]
Dec. 27. 125. Minutes of Council of Maryland. Mr. Kandolph's
commission to swear the Governor recorded, and the instructions
of the Commissioners of Customs as to Trade, etc., produced. An
order for the appointing of certain gentlemen to he officers of an
Admiralty Court was likewise read ; but Sir Thomas Laurence
declined the judgeship. A commission to the Governor to appoint
officers of Courts of Admiralty in Maryland, Pennsylvania and
West Jersey was also read and recorded. [Board oj Trade.
Maryland, 13. pp. 398-399.]
Dec. 28. 126. Minutes of Council and Assembly of Antigua. Address
from the Assembly to the Governor, praying him to send to
Barbados all the depositions concerning Tankard's sloop, soon to
be tried in that island, to the end that such wicked proceedings
may not go unpunished. The Governor concurred. Second
message from the Assembly asking that the said depositions may be
sent to Barbados in charge of some honest gentleman, and that the
vessel that carries them may call at Martinique to remonstrate
against the depredations of French privateers since the declaration
of peace, and to bring away English prisoners from thence to man
the King's ships. The Assembly further asked that the platform at
Parham might be begun. Message from the Council to the Assembly,
laying before them the libellous letter signed J. Johnson, and a
letter of Edward Walroud for their opinion, also further depositions
against Barry Tankard. The Assembly again represented the
importance of passing the Acts for regulating fees and for regulating
the numbers of the Assembly. Orders for several payments.
[Board of Trade. Leeward Islands, 64. pp. 227-232.]
Dec. 28. 127. James Vernon to Council of Trade and Plantations. With
reference to your report of 24th inst., it is the King's pleasure that
you prepare the necessary orders for restoring to the French,
pursuant to the Treaty, that part of St. Christophers which they
possessed before the war, together with a draft of such instructions
as you think fit to send with those orders as to the manner of
delivering up the said territory and as to the limitations for securing
to the King's subjects inhabiting there the same advantages as they
formerly enjoyed. The King directs you also to consider of such
particulars as will be fit to propose to the French Commissioners
who will be sent here to determine the matters mentioned in the
8th Article of the Treaty. Signed, Ja. Vernon. [Board of Trade.
Leeward Islands, 5. A T o. 66 ; and 45. p. 140.]
Dec. 28. 128. Memorandum that the preceding letter was received
and read on the 29th December, 1697. | p. [Board oj Trade.
Plantations General, 4. No. 81.]
AMERICA AND WEST INDIES.
75
1697.
Dec. 28.
Worming-
hurst.
129. William Penn to William Popple. "I send herewith
the laws desired. I forbore doing of it sooner because I perceived
the Lords were full, and that those of other colonies stuck in their
passage. I also hoped to have been in town sooner, but my
steward's death and consequents prevented me. I hope they will
not lie long at Whitehall, and I shall take care that they have
their dispatch at the Attorney-General's. Thy very assured
friend, W T m. Penn. Holograph, 1 p. Endorsed, Letter from Mr.
Penn with the laws of Pennsylvania. Reed. 30, Read 31 Dec.,
1697. [Board of Trade. Proprieties, 2. Xo. 7 ; and 25. p. 189.]
130. Extract from a letter from Paris. Another company is
forming for the re-establishment of several colonies in the tract of
country in America between the 30th and 40th degrees, which was
discovered by the late Mons. Lasalle. The beginning of this company
is founded on thirty shares of 10,000 livres tournois each, to which
none but merchants will be admitted. The King has granted them
the ownership of all the extent of country which they will possess
as a fief issuing from the Crown. The King grants them eight
companies of infantry with their officers, who will receive their
orders directly from them, and will be commanded in chief by one
nominated by them. The King further grants them two ships of
war, a frigate, a corvette and three large transports to carry the
troops, the various workmen which they will need to begin the
settlement, those who are ready to settle there, and eighteen months'
provisions for all. They are informed that the land by the Gulf of
Mexico abounds greatly in many things such as indigo and [word
lost] , that there are gold and silver mines and that the vicinity of
the Spaniards, with whom they give out that they are on good
terms, will give them an opening for advantageous trade with them.
French. 1| pp. Endorsed, Communicated by Mr. Blathwayt, 29
Dec., 1697. [Board of Trade. Plantations General, 4. No. 82.]
Dec. 29. 131. Memorandum of the receipt of a letter from Paris from
Mr. Nelson as to the designs of the French for encroachment on
New England. Reed. Read 29 Dec., 1697. p. [Board of Trade.
New England, 8. No. 133.]
Dec. 29. 132. Journal of Council of Trade and Plantations. Mr.
Secretary Yernon's letter of yesterday received and read (A T o. 127).
Order for the office to be searched for precedents, and for the
Secretary to write to Mr. Crown about Penobscot.
Sir William Beeston's letter of 11 September read. Order for a
letter to the Treasury to be drafted thereupon.
Mr. Nelson's letter of ,| December read (No. 82).
Order for a letter to the Attorney and Solicitor-General, pressing
them to despatch the Acts of the Colonies now before them.
Governor Codrington's letter of 22 August read. Order for a
representation on the subject of New Tertholen [Tortola] to be
prepared.
Mr. Hlathwiiyt communicated a letter from Paris as to a new
American Company now forming in France (No. 130). _ Order for
a memorandum to be kept to lay the matter before the King.
76
COLONIAL PAPEKS.
1697.
Dec. 30.
Dec. 31.
Dec. 30.
Whitehall.
Dec. 30.
Whitehall.
Order of Council of 25 November last as to ports in New Jersey
read (Xo. 69).
Colonel Gibsone communicated a letter that he had received from
Newfoundland, complaining of the badness of the beer in the
provision-ships. It was left to him to draw out an extract of what-
ever he had to offer.
Order for letters to be prepared to Ehode Island and Connecticut,
bidding them send over copies of their laws.
Order for four or five pounds to be given in New Year's gifts to
the Chamber-keepers of the two Secretaries of State and of the
Treasury.
The Board agreed upon a letter to Mr. Secretary Vernon asking
him to search his office for precedents for the orders to be given on
the restitution of St. Christophers.
Draft letters to the Treasury as to Sir William Beeston's late
letter, and to the Attorney and Solicitor-General as to regular
despatch of the Acts of the Colonies, agreed to.
Order for a letter to Mr. Day, to ask him why he is not yet
departed and to press him to diligence.
Mr. Gilbert Heathcote asked for the Council's consent to printing
the laws of Jamaica, which was granted. Being pressed as to the
number of white servants which Jamaica might conveniently take,
he said three or four hundred, if the Act for white servants were
enforced. Order in Council of 23rd inst. as to Usher Tyrrell's
petition received and read (No. 119).
Order for a letter to the Hudson's Bay Company to ascertain
what they have to demand of the French on the Treaty of Peace.
Order for a letter to Mr. Penn, to press for the security to be
given by owners of Proprietary Colonies for observance of the Acts
of Trade by their governors.
The Secretary reported that Mr. Day had been to the office, and
explained that he was detained by the delay in despatching his
commission, etc.
Mr. Penn's letter, with the laws of Pennsylvania, also several
laws of the Leeward Islands, were laid before the Council. Order
for lists of both to be drawn up.
The letters to the Treasury, Mr. Secretary Vernon,. and the
Attorney and Solicitor General were signed. (Nos. 139-141.)
The advices as to pirates in Mr. Yernon's letter of 22nd inst.
were read. [Board of Trade. Journal, 10. pp. 380-387.]
133. William Popple to Samuel Day. The Council of Trade
thinking it a little strange that they have not heard of your despatch
to Bermuda, have commanded me to enquire the reason of it, and to
let you know that the King's service therein requires your
diligence. [Board of Trade. Bermuda, 29. p. 51.]
134. William Popple to William Penn. You are reminded
to send copies of the laws of Pennsylvania to the Council of Trade.
The Council further desires your positive answer to what I writ you
on 8 May about the security required of you, as of other Proprietors,
for the due observance by your governors and deputy-governors,
of the Acts of Trade. [Board of Trade. Proprietors, 25. p. 189.]
AMERICA AND WEST INDIES.
77
1697.
Dec. 30.
Dec. 30.
Dec. 30.
Dec. 31.
135. Minutes of Council of Barbados. rue order for pn
tion of peace, and the proclamation itself, from Whitehall, were
read. The President then gave the Assembly a letter from the
Agents and the order for publishing the peace. The Assembly
brought in a bill for appointing Agents, a resolution for payment of
100 to William Rawlins for collecting the laws, and addresses for
payment of their officers' salaries. Order for the proclamation of
peace to be published. [Board of Trade. Barbados, 65. pp.
268-269.]
136. Minutes of Council of Maryland. William Wyvill was
appointed Riding-surveyor, William Bladen, Collector of Anna-
polis, and several other officers were likewise appointed by Mr.
Randolph. Sundry orders were thereupon issued. [Board oj
Trade. Maryland, 13. pp. 399-401.]
137. Minutes of Council and Assembly of Nevis. The
Assembly concurred in a proposal of the Council for the new billet-
ing of Holt's company of soldiers. Message from the Assembly to
the Council asking them to concur in a proposal that, since an
importer has refused to pay duty on certain liquor on the ground
that the Act for the duty is expired, it shall be asserted that the
Act is in force and that any trial of the case shall be held in Nevis.
[Board of Trade. Leeward Islands, 64. pp. 444-445.]
138. Minutes of Council of Massachusetts. Order for sale of
the fire-ship Fortune. Orders for payment of 935 to John
Walley, Commissioner for War, of 9 to Bartholomew Green for
printing Acts and Laws, of 10 to Sheriff Timothy Phillips for
charges on account of prisoners accused of witchcraft in 1692, of
20 to Captain John Wing for extraordinary service at Pemaquid,
and of 96 15s. Qd. for fitting the Council Chamber for reception
of the Earl of Bellomont. [Board oj Trade. New England, 49.
pp. 137-140.]
139. Council of Trade and Plantations to Mr. Secretary
Vernon. In reply to your letter of 28th inst. (Xo. 127) we have
searched the books and papers in our custody and can find no
instrument nor orders for the restitution of any place, either by us
to the French or by the French to us, which might guide us in
drawing up what is required. We beg you therefore to cause the
office of the Secretary of State or the Paper Office to be searched for
a proper precedent. Sinned, J. Bridgewater, John Pollexfeu, Abr.
Hill, Geo. Stepney. [Board oj Trade. Leeward Islands, 45.
pp. 145-146.]
140. Council of Trade and Plantations to the Lords of the
Treasury. Forwarding an extract from Sir William Beeston's
letter of 11 September last, respecting his application of 1,000
of the soldiers' subsistence-money to the expense of victualling
the men-of-war, for their directions. Siym'd, J. Bridgewater, John
Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Jamaica, 56.
p. 173.]
78 COLONIAL PAPERS.
1697.
Dec. 31. 141. Council of Trade and Plantations to the Attorney and
Whitehall. Solicitor-General. Urging upon them the necessity of despatch in
giving their opinion as to the confirmation or disallowance of laws
of the Colonies which are submitted to them, such despatch being
absolutely necessary for the King's service. Signed, J. Bridgwater,
John Pollexfen, Abr. Hill, Geo. Stepney. {Board of Trade.
Plantations General, 34. pp. 219-220.]
1098.
Jan. 3. 142. Minutes of Council of Maryland. Edward Randolph
produced a commission to Robert Dacres, to be surveyor of Somer-
set County, and Dacres was accordingly sworn. [Board oj Trade.
Maryland, 13. pp. 401-402.]
Jan. 3. 143. Minutes of Council and Assembly of Nevis. The
Council and Assembly agreed to a payment for a hired sloop to
carry the news of the peace to Antigua. The Assembly resolved
to send a letter to the Council of Trade together with copies of its
journals. The Assembly proposed that a list of negroes be taken
in order to the raising of a levy. The Council declared its con-
currence with the Assembly's message of 30 December. [Board of
Trade. Leeward Islands, 64. pp. 445-446 and 456-458.]
Jan. 3. 144. Minutes of Council of Barbados. -The
returned the papers which had been sent to them for consideration.
Order for the release of a French ship, captured by H.M.S.
Newcastle since peace was concluded. Captain Reeves submitted a
list of stores needed for H.M.S Newcastle's homeward voyage,
which list was submitted to Mr. Lascelles with the request that he
would supply what was required. Order for Captain Reeves to
prepare to sail immediately and that a survey be made of all the
King's stores. Order for Captain Vincent Cutter to sail with
H.M.S. Bonaventure to Martinique, taking the French prisoners
with him, and bring hither such English prisoners as are there ;
also that he take with him the French mulatto who had proved
himself to be a free man. Order for the homeward-bound fleet to
sail on the 8th. Account of charges for a hired sloop passed. The
Assembly brought up a bill to appoint a Treasurer, and asked that
the bills concerning Agents and Grand Sessions, now before
Council, be despatched. The President informed them of the
orders, above recorded, which he had given, and recommended to
them the applications of the Captains of the King's ships and the
letter of Mr. Edwards, the engineer. Bill to ascertain the powers
of the Assembly read as amended by Committee and passed.
Jan. 4. No quorum. Copy of a letter from the Council to the King con-
gratulating him on the conduct of the war and the happy conclusion
of the peace. [Board of Trade. Barbados, 65. pp. 269-272.]
Jan. 3. 145. Lieutenant-Governor Partridge to Council of Trade
New Hamp- an( j Plantations. It is now twelve months since I arrived here
llre- with a Commission as Lieutenant-Governor superseding that given
to Mr. John Usher. It was forthwith signified to the inhabitants
by proclamation, but finding myself wanting an oath prescribed to
all Governors by Act of Parliament, and understanding that a
person was shortly coming over to administer the same, I deferred
AMERICA AM) WEST INDIES.
79
1698.
Jan. 3.
Falkland,
Spithead.
Jan. 8.
taking over the Government and left it in the hands of the Presi-
dent and Council, as is directed by ray Commission in the absence
of the Governor and Lieutenant-Governor. Mr. Usher, however,
tried to disturb us, and, as I understand, has complained of us to
you, whereupon to prevent the like, I have by the Council's advice
assumed the Government. I hope that I shall not be blamed herein,
having no design but peace and the King's service, and I hear
moreover that the time for taking the oath is extended to 25 March
next, and that Mr. Randolph is coming over to administer it. Thus
we remain at present until Lord Bellomont shall arrive. The
General Assembly has given you an account of affairs here.
Signed, Wm. Partridge. 1 p. Endorsed, Reed. Read 6 April, 1698.
[Board of Trade. New England, 9. No. 1; and 36. pp. 851-
352.]
146. The King's Commission to Governor Codrington for
restoring the French portion of St. Christophers. Copy. 1 p.
[Board of Trade. Leeward Islands, 5. No. 66 ; and 45. pp.
164-166; and America and West Indies. 551. No. 87.]
147- Instructions to Governor Codrington for restoring the
French portion of St. Christophers. While re-delivering possession
he is to claim the former right enjoyed by the English on the
Island, and by English ships of fetching salt from the salt-ponds.
[Board of Trade. Leeward Islands, 45. pp. 160-162.]
148. Memorial of the Bishop of London to the Lords of the
Treasury. By the King's command I lay this memorial before you.
The late King Charles II., out of great compassion to his Plantations
in the West Indies, which till then had been almost destitute of a
ministry, granted a bounty of 20 to each chaplain that should go
over to supply the great want there was in those parts. This was
bestowed all the time during his reign and that of King James II.,
and was continued during his present Majesty's reign until this
last year's difficulties put a stop to it. It is therefore prayed that
the King will renew his former bounty in this behalf, by reason of
the great want there is in those parts through the sickness that has
carried off many ministers in the Southern Plantations, the scarcity
that is in Virginia, and particularly the erection of several new
parishes in Maryland. Signed, H. London. Holograph, $ p.
Endorsed, Delivered to the Board by his Majesty's order. Reed.
Read 3 June, 1697-8. [Hoard of Trade. Plantations General, 4.
No. 83 ; and 34. p. 220.]
149. The Purser of H.M.S. Falkland to Council of Trade
and Plantations. I have a packet in charge to deliver to you from
Mr. Addington, the Secretary at Boston, but not knowing how soon
I may get leave to London, I send it on by this post, having taken a
receipt for it. Signed, T. Wilkins. p. Endorsed, Read 4 Jan.,
1698. [Board of Trade. New England, 9. Xo. 2.]
150. Journal of Council of Trade and Plantations. Draft
representation as to Tortola agreed on.
A memorial of the Bishop of London to the Treasury for an
allowance of t' % 20 apiece to ministers going to the Colonies was
received (No. 148).
80 COLONIAL PAPEES.
1698.
Jan. 4. Mr. Bonn and Mr. Sedgwick, Governor and Deputy-Governor of
the East India Company, attended, and being asked what they had
to propose as to piracy, requested that the King would send a small
squadron to rout them out of their settlement in Madagascar.
Order for Captain Warren to attend on Friday morning next.
Mr. Crown's memorial as to Penobscot received (A T o. 151).
Jan. 7. The Council met in Essex Street owing to the burning of its
apartments in Whitehall on the 4th inst., when, however, the books
and papers were saved by the diligence of the officers, and conveyed
to the Secretary's house.
Order for Captain Warren to attend on Monday.
Mr. Secretary Yernon's letter of 4th inst., enquiring as to Governor
Codrington's instructions for restitution of St. Christophers read
(No. 152). The Lords agreed upon draft instructions and a
covering letter to Mr. Vernon, and ordered them to be written fair.
Representation as to Tortola signed (No. 156). [Board of Trade.
Journal, 10. pp. 388-392.]
[Jan. 4.] 151. Memorial of John Crowne concerning the English
title to Penobscot and lands adjacent. In 1621 King James I.
granted Nova Scotia to Sir William Alexander, who in 1630 made
over his right to Sieur Claud de St. Etienne, Lord de la Tour, his
son Charles and their heirs. The said Claud and Charles were
French Protestants, who for liberty of their religion had left
France many years before, and for their good service done in
promoting the settlement were both created baronets of Nova
Scotia. About 1631 King Charles I. agreed to make over Nova
Scotia to France, for what reason is unknown, the French
having no pretence to it since it had been both discovered and
planted by subjects of England and had been named Nova Scotia
by King James I. Before delivery of the country King Charles I.
stipulated with the French that the said Sieurs de la Tour should
enjoy their rights in Nova Scotia, the King himself being bound in
honour to take care of him, as is shown by an original letter from
Sir William Alexander to Sieur Claud. Accordingly the Sieurs
de la Tour did enjoy their rights, though with much molestation
from the French Governors, and on the death of Sieur Claud, Sieur
Charles became proprietor of Nova Scotia. Many years before this
some inhabitants of Plymouth in New England discovered Penob-
scot and began to seat themselves there, many leagues to westward
of Nova Scotia, but being much disturbed by the French Governors
of Nova Scotia they began to neglect it; and when Sieur Charles
aforesaid became proprietor of Nova Scotia he built a fort at Penobscot
and took all the lands extending from thence to Musconcus, bor-
dering on Pemaquid. About the year 1654 Major Sedgwicke by
Cromwell's orders sailed to require the French Governor to
deliver it up, and found Sieur Charles de la Tour in possession
of both Nova Scotia and Penobscot, which Sieur Charles quietly
resigned to Sedgwicke, for having suffered great oppression
from the French Governor he desired to live under English pro-
tection. Shortly afterwards he obtained a grant from Cromwell to
enjoy his lands, and then by deed of 20 September, 1656, he
made over all his right and title to Penobscot and Nova Scotia
AMERICA AND WEST INDIES. Hi
1698.
to Thomas Temple and William Crowne for the sum of 3,300,
reserving, however, to himself considerable annual profits. The
three proprietors aforesaid then went over to take possession,
Temple holding Cromwell's Commission to be Governor. Shortly
afterwards Temple and Crowne divided their lands, and Crowne
made over by deed to Temple the whole of Nova Scotia, while
Temple, by deed of 12 September, 1657, made over Penobscot to
Crowne from the Machias in the east to the Musconcus, the two
interchanging bonds of i'20,000 to abide by the agreement. For
some time Crowne possessed Penobscot quietly, built a trading-
house far up the river Penobscot at Negue, and called the place
Crowne's Point. Temple, however, finding there was a great beaver-
trade at Negue, pretended that Crowne had broken some article or
another and took from him by violence his fort at Penobscot, the
trading-house at Negue and all his lands ; and the Courts in New
England were so partial to Temple that Crowne could obtain no
justice from them. At the Kestoration both Crowne and Temple
came over to England, proved their title and were permitted to
repossess their lands. Crowne threatening to complain of Temple
to the King and Privy Council, Temple persuaded him to forbear,
promising him restitution and reasonable satisfaction. Temple
further gave Crowne letters to his Agent in New England to restore
Penobscot and his other lands to him, but on arriving in New
England Crowne found that Temple had written to his Agents in a
contrary sense. Temple was then created a baronet of Nova Scotia,
and obtained a Commission as Governor of that and of Penobscot,
but on his arrival Crowne complained of his shameful proceedings,
which Temple could not justify. He therefore persuaded Crowne
to grant him a short lease of Penobscot and the rest of his lands,
and several merchants of New England were bound for payment of
rent, but Temple kept the lands and paid no rent, nor would the
Courts of New England interpose, saying that the matter lay
without their jurisdiction. So it continued until 1668, when at the
Treaty of Breda, the French prevailed with King Charles II. to
surrender Nova Scotia. Sir Thomas Temple knew very well that
Penobscot formed no part of Nova Scotia, but from hatred of
Crowne and to disable him from taking proceedings at law against
him he gave up Penobscot as well as Nova Scotia to the French.
King Charles was extremely displeased when he heard of this, and
would not consent to it. Not long afterwards war broke out
between France and Holland, when the Dutch took Penobscot from
the French, levelled the fort with the ground and then entirely
quitted it. Shortly afterwards King Charles commissioned the
Governor of New York to take Penobscot and the adjacent lands
under his jurisdiction, which he did, and put a garrison into the
trading-house at Negue or Crowne's Point. William Crowne being
dead, his son John, hearing that the Duke of York had begged
Penobscot of the King, petitioned the Duke to restore it to him and
was by him referred to the commissioners of his revenue. The
cause lay before them undetermined during the latter end of
King Charles's reign and the whole of King James's. It is thus
plain that the French have no pretence to Penobscot, for the
English discovered it and English subjects possessed it nearly forty
4226 F
82
COLONIAL PAPERS.
Jan. 4.
Whitehall.
1698.
years. The French had it for a short time in King Charles's time,
but got it not by virtue of a treaty but by the treachery of Sir
Thomas Temple. They lost it very soon to the Dutch, and on their
quitting it both of the last kings enjoyed it quietly to the end of
their reigns. 6 pp. Endorsed, Reed. 4 Jan., 1697-8. [Board oj
Trade. New England, 9. No. 3 ; and 36. pp. 333-339.]
152. Mr. Secretary Vernon to William Popple. The King
has ordered an advice-boat to be prepared with all speed to carry
his orders to Governor Codrington at the Leeward Islands. How
soon will the Council of Trade's instructions be ready, which are to
accompany the commission for restoring to the French their part of
St. Christophers ? Signed, Ja. Vernon. \ p. [Board of Trade.
Leeward Islands, 5. No. 67 ; and 45. p. 158.]
Jan. 7. 153. William Popple to the Attorney and Solicitor-General.
Essex street. Immediately before the .late fire at Whitehall, the Council of Trade
ordered me to send you the Laws of Pennsylvania with some for the
Leeward Islands to you for your opinion. I send them accordingly.
[Board of Trade. Plantations General, 34. p. 221.]
Jan. 7. 154. List of the laws of Pennsylvania sent on 7 January to
the Attorney-General for his report. 6 pp. [Board of Trade.
Proprieties, 2. No. 8 ; and 25. pp. 190-194.]
[Jan. 7.] 155. A list of three Acts passed in Montserrat, and fifteen
Acts passed in Antigua, in the years 1696 and 1697. 2 J pp. Endorsed,
Sent to the Attorney and Solicitor-General, 7 Jan., 1697-8. [Board
of Trade. Leeward Islands, 5. No. 68 ; and 45. pp. 146-149.]
Jan. 7.
Whitehall.
156. Council of Trade and Plantations to the King. Some
time since the Envoy of the Elector of Brandenburgh presented to
you a memorial asking for the island of New Tortola to be placed
in possession of Peter van Bell, acting for Joseph Shepheard.
Having received Governor Codrington's report thereon, we represent
as follows. In the third year of King Charles I., a grant of all the
Carribbee islands between the 10th and 22nd degrees of latitude
was made to the Earl of Carlisle, in virtue of their having been
first discovered by the English. It does not appear that Joseph
Shepheard had any right to Tortola prior to that of England.
The envoy says that the island was afterwards placed in trust in
Sir William Stapleton's hands, but he produces no proof of that
trust. Governor Codrington tells us that he can find no one who
knows anything of the Dutch title to the island, from which Joseph
Shepheard claims his title by purchase, and that though the island
was a short time since settled by some English it is now wholly
deserted. In 1694 you ordered the Governor of the Leeward
Islands to assert your right to the Virgin Islands and to hinder the
settlement of them by foreigners. Governor Codrington further
represents the injury that may be done to English trade by a
settlement of Brandenburgers in Tortola. We think that the
claimant's title is not made out, and that the concession of it would
be disadvantageous, but looking to the Elector's intercession in the
matter, we think that, in view of the small value set upon the
AMERICA AND WEST INDIES.
83
1698.
Jan. 7.
Jan. 8.
[Barbados.]
island, some compensation might be granted. Signed, J. Bridge-
water, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill.
[Board of Trade-. Leeward Islands, 45. pp. 150-157.]
157. Council of Trade and Plantations to Mr. Secretary
Vernon. We forward draft instructions for the restitution of the
French part of St. Christophers ; and we hope to report shortly as
to other matters to be submitted to the Commissioners of the two
countries upon the late Treaty. Signed as the preceding. \lioard
of Trade. Leeward Islands, 45. p. 159.]
158. Earl of Belloinout to Council of Trade and Plantations.
I have had the misfortune to be driven off the coast of New York by
violent storms which broke our shrouds and other parts of our
rigging, and since the officers feared that our main-mast would
come by the board we bore away to Barbados, where we arrived on
the 5th inst., and find the Island very healthy. Our ship was very
weakly manned, which was one reason why the captain thought it
necessary to bear away, for by the men's continual labour during
the bad weather, which I believe lasted a fortnight, they were so
wearied out that we had not hands enough to work the ship.
Besides we had not water enough to last much longer. Since my
arrival here a Boston ship, bound thither from Madeira, has come
in here, having been driven off the coast of New England by the
same storm that drove us. Within four or five days we were
separated from our transport-ships and the rest of our convoy by bad
weather, though we made as little sail as possible to bear them
company. It has been no small disturbance to me to miss getting
into New York, but I shall endeavour to make up lost time by more
than ordinary industry after I arrive. The captain promises to
refit the ship by the 7th prox., when we shall sail again for New
York. Signed, Bellomont. 1J pp. Endorsed, Reed. 16th. Read
17th March, 1697-8. [Board of Trade. New York, 7. No. 55 ;
and 52. pp. 303-4.]
159. Earl of Bellomont to William Popple. I must refer
you to my letter to the Council for our voyage. I must add that
neither H.M.S. Fowey nor any of the ships that started under our
convoy are yet come here. The Arundel, a fifth-rate frigate,
arrived from Boston on the same day as ourselves, and reported
that our two biggest merchant ships arrived safely in Boston before
his departure, and that peace was proclaimed there on the llth
ult. A sloop sails hence to Pennsylvania in a few days, by which
I will send Governor Fletcher the proclamation of peace, though I
hope that he will already have received it- from Boston. At least a
dozen ships have come in here from Boston since my arrival. All
the masters report that the storm which drove us off the coast was
so violent that the Fowey and the other ships could not have made
it, which puts us in some pain for them, but we hope they may
have put in at Bermuda or some of the Leeward Islands. I dis-
suaded Sir Henry Ashurst from putting the persons sent to survey
the forests of New England and New Hampshire on board the
Deptford, but he would not listen, and now they are driven here
with me, which will delay their business. Sir Henry obtained au
84 COLONIAL PAPERS.
1698.
order from the captain of our ship to carry them to New York,
which was too much out of their way even if we had arrived there.
A ship is come from New Hampshire with accounts (which are
confirmed by the ships from Boston) that the Eastern Indians have
made several incursions lately upon New England and New Hamp-
shire, murdering many families in a most barbarous manner. I
believe it would be easy to engage the Five Nations to make war
on them and extirpate them ; and so say some people from
New York whom I meet here. If the Council of Trade will send
me orders to that effect I will try what can be done. The Surveyors
are mightily frighted by these reports of the Eastern Indians, and
I doubt if they will venture to view the woods in those eastern
parts without a strong guard, which I hope the people of New
England will be prevailed with to furnish. We hope to sail again
on the 7th prox. Signed, Bellomont. 2 pp. Endorsed, Reed. 16th,
Read 17th March,' 1697-8. [Hoard of Trade. New York, 7.
No. 56 ; and 52. pp. 304-306.]
Jan. 10. 160. Memorial of Lieutenant-Governor James Norton to
Council of Trade and Plantations. Praying for tonnage for the
transport of himself, his wife, two children, seven servants, six or
seven tons of household goods, and ten recruits for his company, to
St. Christophers. J p. Endorsed, Reed. Read 10 Jan., 1697-8.
[Board of Trade. Leeward Islands, 5. No. 69 ; and 45. p. 166.]
[Jan. 10.] 161. Petition of Jeronimy Clifford to Council of Trade and
Plantations. I lately presented a petition to the King concerning
several injuries done me in Surinam. This " sispute " depends on
the Articles of Capitulation made between William By am, James
Banister and Abraham Qurynson concerning the surrender of
Surinam to the Dutch in 1667. I beg therefore that you will grant
me copies of these articles from your office. \ p. Endorsed, Reed.
Read 10 Jan., 1697-8. [Board of Trade. Plantations General, 4.
No. 84.]
Jan. 10. 162. Journal of Council of Trade and Plantations.
Duplicate of Lieutenant-Governor Stoughton's letter of 30
September, 1697, received, together with a long list of papers from
Massachusetts.
Petition of Jeronimy Clifford read (A T o. 161), and order given for
the papers for which he asks to be delivered to him.
Captain Warren attended and gave information as to the pirates
in the East Indies. Order for a representation to be prepared on
the subject.
Memorial of Captain Norton read (No. 160), and the Secretary
ordered to write to the Admiralty thereupon.
Governor Fletcher's letters of 2 July and 16 November read.
Jan. 12. Order for a new draft of the representation as to pirates to be
prepared.
Jan. 13. The Secretary was ordered to ascertain if any rooms had been
appointed for this Board among those fitted up by Sir Christopher
Wren in the Cockpit.
The Solicitor-General having returned some of the Acts that were
in his hands, but not others which had lain with him for still
longer, the Secretary was directed to request to despatch them all.
AMERICA AND WEST INDIES. 85
1698.
The new representation as to pirates in the East Indies was
signed.
Jan. 14. Mr. Bridgeman's letter of 13th inst. read (No. 170).
The Council wrote a letter to Mr. Secretary Vernon to enquire
as to the accommodation that was to be given to it; since it
appeared that Sir Christopher Wren had received no orders
therein. [Board of Trade. Journal, 10. pp. 392-398.]
Jan. 11. 163. William Popple to the Secretaries of the Admiralty.
Essex Street. The Council of Trade desires to be informed what ships of war
are appointed for the Colonies, with particular reference to Captain
Norton's request for tonnage to carry himself, family, baggage and
recruits to the Leeward Islands. Can such tonnage or any part
thereof conveniently be made in the convoy bound for that station ?
[Board of Trade. Leeward Islands, 5. p. 167.]
Jan. 11. 164. William Popple to the Secretaries of the Admiralty.
Enquiring what ships are appointed for the several Plantations,
and when they will be ready to sail. [Board of Trade. Planta-
tions General, 34. p. 221.]
Jan. 11. 165. Receipt of the Government of Rhode Island for certain
letters from the Council of Trade, delivered by Jahleel Brenton.
Signed, Wes. Clarke. Scrap. Endorsed, Reed. 10 Oct., 1698, from
Mr. Brenton. [Board of Trade. Proprieties, 2. No. 9.]
Jan. 11. 166. Minutes of Council of Maryland. The Council met at Battle-
town. The letters from England as to the peace and the Courts of
Admiralty were read. George Robothani was appointed Admiralty
Judge for the Eastern, and Thomas Tench for the Western shore.
The Governor took the oaths for enforcement of the Acts of Trade.
The collectors at Patuxent and Potomac were informed by Mr.
Randolph that their salaries would be raised. Edward Randolph
then produced a commission as Survey or- General of prizes. The
Governor acquainted the Council with his intention to call an
Assembly, and the Council agreed that it should be summoned for
the 23rd of February. Proclamation for the calling of an Assembly ,
and for further adjournment of the Provincial Court. Order for all
electors to have notice of the coming elections. Order for militia-
officers to send in lists of their men and arms, and to signify to
their delegates, when elected, their opinion as to the necessity or
otherwise of new-modelling the militia. Ordered further that the
delegates acquaint themselves with the conditions of the militia in
each county, and inform themselves as to the disposal of the public
levies, about churches, grievances and resident Indians, of which
last the gentlemen appointed to decide differences between English
and Indians will give them an account. Order for all vestries to
send in their accounts, for all public claims to be sent in by the
delegates, and for collectors, naval officers and all other receivers
of public money to bring in their accounts. The gentlemen
specially summoned were then called in, and the Governor com-
municated to them several charges drawn up against him by Gerard
Slye, of which they were said to be able to attest the truth. He
then put to them the 1st charge, of intercepting letters ; the 5th, of
86 COLONIAL PAPEES.
1698.
arbitrary seizure of men's estates ; the 6th, of granting special
commissions to all spiritual courts; the 14th, of establishing
Annapolis in an inconvenient place ; and several more, all of which
the witnesses named by Mr Slye denied to be true on oath.
Jan. 12. Further of Slye's accusations were read and, like the rest, denied.
The Governor thereupon ordered the King's lawyers to prosecute
Slye, and collect certain abusive letters written by him as evidence.
Order for certain money due to the public by John Coode to be
secured on his effects. Order for prosecution of Eobert Mason for
holding secret correspondence with John Coode. The Justices of
Somerset County acquitted themselves of contempt for the Governor
in the matter of James Cranford. On a dispute between Edward
Eandolph and Peter Jennings as to the limits of Patuxent district,
it was ordered that Eandolph revoke certain of his Commissions
and issue new. [Board of Trade. Maryland, 13. pp. 402-413.]
Jan. 12. 167. The Solicitor-General to Council of Trade and Planta-
tions, I have considered six Acts of Jamaica (list given) and find
nothing to object to them, except that I cannot judge as to one
clause of one of them which repeals certain other Acts, since those
Acts are not before me. Signed, Jo. Hawles. 1 p. Endorsed,
Eecd. 13 Jan. Eead4Feb., 1697-8. [Board of Trade. Jamaica, 8.
No. 82 ; and 56. p. 174.]
168. President and Council of Barbados to Council of Trade
and Plantations. We have had no safe conveyance to carry our
public papers to you since 19 June, for though we allowed one
vessel to sail in August we could not think that a sufficient oppor-
tunity. On the 27th September arrived the remains of our late
unfortunate London fleet, with your orders for keeping all ships to
go together under the Newcastle's convoy. About that time we
had the rumour of a peace, and that the French had four large
men-of-war at Martinique, so we thought it best to detain our ships
here. And thus matters stood until on 28 December we received
your orders to publish the peace, which we did on the 30th with
great joy. On the 7th December the French took a London ship
within sight of this Island and carried her into Martinique, but they
having earlier intelligence of peace than we, she was released.
The Newcastle also released a French prize which she had taken.
We are under great difficulties in getting the King's ships fitted
with necessaries for want of a credit. Though we, as well as former
Governors, have pressed this upon the Assembly to obtain their
help, yet they will not be prevailed on to do anything, fearing (as
they say) that it may become a duty hereafter beyond what the
country is able, together with payment of other taxes, to bear.
The merchants also will not take the captain's or purser's bills of
exchange unless they have security that they will be punctually
met. This is the reason why we cannot send home the Newcastle
and Bideford now, though we hope they will be ready in fourteen
days, for seeing that the Assembly will do nothing towards their
supply, we, the members of the Council, have ' undertaken in our
private capacity to give security to the merchants who will furnish
them with necessaries, rather than that the King's service should
suffer. The captains tell us that the charge will be from 500 to
AMERICA AND WEST INDIES. 87
1698.
600 for carpenter's, boatswain's and gunner's stores. We beg
that the captain's bills may be duly paid when they arrive and
ourselves indemnified. Since the proclamation we have thought it
for the benefit of all parties to let the merchant-ships sail when
they please after due performance of all duties ; and they will carry
the present letter; but the journals of Council and laws of the
past six months we shall send by the men-of-war. Signed, Fran.
Bond, Prest., Geo. Lillington, Geo. Andrews, Wm. Sharpe. 1 pp.
Endorsed, Eecd. 16th, Read 21st March, 1697-8. [Board oj
Trade. Barbados, 7. No. 57 ; and 44. pp. 140-142.]
Jan. 12. 169. The Solicitor-General to Council of Trade and Planta-
tions. I have perused the Acts passed in Barbados from 9 October,
1694, to 1 July, 1696, and find nothing to object to in nineteen of
them (list given). An Act of 1694 for remission of excise duty to
Jonathan Langley, three Acts of 1694-1695, and one Act to encour-
age privateers, being all in diminution of the King's revenue, I do
not know how it is fit that they should be confirmed. As to
the Act of 20 June, 1696, to encourage the bringing of Christian
servants, I certify that an Act of the like effect from another
Colony has heretofore been refused, lest it should encourage kid-
napping or stealing of white servants, wherefore I conceive that
this Act should not be confirmed. Signed, Jo. Hawles. 2| pp.
Endorsed, Reed. 13 Jan., 1697-8. [Board of Trade. Barbados, 7.
No. 58 ; and 44. pp. 122-127.]
Jan. 13. 170. William Bridgeman to William Popple. In reply to
Admiralty yours of llth, the following ships have been appointed and will
ce - very shortly be ready to proceed, viz., the Speedwell for Barbados,
the Queenborough for the Leeward Islands, and the Sandadoes
(prize) and Maidstone for Jamaica. Besides these, the Essex,
sixth-rate, is gone to attend on Virginia, and the Swift, advice-boat,
on Maryland, to enforce the Acts of Trade. As regards' accom-
modation for Captain Norton, who goes Lieutenant-Governor to St.
Christophers, there can be but little convenience in the Queen-
borough, being a sixth-rate. I must remind you also that it is not
usual for men-of-war to carry Governors, with their families and
goods, without immediate direction from the King. Signed, William
Bridgeman. 1 p. Endorsed, Reed. Read 14 Jan., 1697-8. [Board
of Trade. Plantations General, 4. No. 85 ; and 34. p. 228.]
Jan. 13. 171. Memorandum of the receipt of the above letter. p.
[Board of Trade. Leeward Islands, 5. .Vo. 70.]
Jan. 13. 172. The Solicitor-General to Council of Trade and Planta-
tions. I have considered the Acts passed in Massachusetts at the
Sessions held 20 November, 1695, 26 February and 27 May, 1696,
and see no objection to eleven of them (titles given). Two Acts for
continuing certain expiring Acts I can give no opinion on, not
having seen the expiring Acts alluded to. An Act to encourage the
making of salt I can also give no opinion on, no person having
been with me to satisfy me as to the matters suggested therein.
Signed, Jo. Hawles. 1 pp. Endorsed, Reed. 13 Jan., 1697-8.
[Board of Trade. New England, 9. No. 4 ; and 36. pp. 348-
344.]
88 COLONIAL PAPERS.
1698.
Jan. 13. 173. Council of Trade and Plantations to Mr. Secretary
Vernon. Forwarding a report upon piracy in the East Indies, to be
laid before the King. v Signed, J. Bridgewater, Ph. Meadows, "VVm.
Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney. Annexed,
Council of Trade and Plantations to the King. 13
January, 1698. Since our report of 9th ult. we
have received your commands to consider the best
means of suppressing the pirates in the East Indies,
and offer as follows. First, as the source and support
of these piracies is chiefly in the Colonies, particularly
in those under distinct Proprieties and Charters, we
think that the security suggested in the address of the
House of Lords of 18 March last would conduce very
much to the redress of the evil. We have signified the
King's pleasure to all the Colonies in pursuance of that
address, but have not hitherto found any compliance
therewith. Next, we have discoursed with the East
India Company and with Captain Warren, but though
the informations as to particular acts of piracy are
many, yet we have been unable to obtain any informa-
tion as to the fort or settlement at St. Mary's beyond
that given by Captain Warren. If your Majesty be
satisfied as to the existence of this settlement, we
recommend that you should send next March two fourth-
rate and one sixth-rate men-of-war (who may be joined
by the East India ships then sailing) with instructions
to proceed to St. Mary or Madagascar, there to offer
your pardon to all pirates who will surrender, and, if the
pirates refuse to submit, to attack them there or where-
ever they may be found. [Board oj Trade. Plantations
General, 34. pp. 222-225.]
Jan. 13. 174. Order of the King in Council. Referring a memorial,
Kensington. w ^h fa enclosure, from the Board of Ordnance to the Council of
Trade, for their report whether it is necessary that any engineer
should be continued in the King's service in the Plantations.
Signed, Wm. Bridgeman. p. Endorsed, Reed. 14, Read 17th
Jan., 1697-8. Annexed,
174. i. The Officers of Ordnance to the Earl of Romney.
We submit a list of the engineers employed in the King's
service abroad with their pay per diem. You will see
that hereby there lies on our office a considerable charge,
which, or some part thereof, we hope at this time may
be taken off. We beg you to consider whether it would
be advisable for you to receive the King's orders to
remand some of these engineers home. Signed, H.
Goodricke, Jno. Charlton, Ja. Lowther, C. Musgrave,
J. Boulter. Original. | p.
174. ii. List of engineers employed in the Colonies. Hugh
Simms at Antigua, Christian Lilly at Jamaica, Talbot
Edwards at Barbados, Heber Lands at the Leeward
Islands, and Colonel Homer at New York ; also a
AMEKICA AND WEST INDIES. Hi)
1698.
master-gunner at Barbados. Total annual charge,
1,405 15s. 1 p. [Board of Trade. Plantations
General, 4. Nos. 86, 86 1., n. ; and 34. pp. 229-230.]
Jan. 14. 175. William Popple to the Attorney and Solicitor General.
Essex Street. Reminding them that there are Acts of Massachusetts of 1695 on
which they have not yet given their opinion, asking for the said
opinion, and forwarding further Acts of 1696 and 1697 for considera-
tion. List of Acts follows. [Board of Trade. New England, 36.
pp. 345-347.]
Jan. 14. 176. Commission to Samuel Day to be Governor of Ber-
muda. The full number of the Council is to be seven. The rest
of the Commission is in the usual form. [Board of Trade.
Bermuda, 29. pp. 59-72.]
Jan. 14. 177. Minutes of Council of Barbados. A committee appointed
to arrange the ceremony of embarking Governor Russell's
corpse, two regiments of foot and one of horse to be present, and
mourning to be provided for covering the drums, trumpets and
colours. The Receiver of the King's casual revenue reported that
he had a balance of money in his hands, but could not send it
home since he had no orders to do so. A proposal of the President
to call an Assembly, since there was no certain news when the
new Governor was to be expected, was negatived. A committee
appointed to provide a house and cellar for the new Governor.
Resolved that the depositions taken for Mr. Edward Walrond be
not sealed with the public seal until the King's pleasure be known.
[Board of Trade. Barbados, 65. pp. 273-274.]
Jan. 15. 178. Minutes of Council and Assembly of Nevis. Address
of thanks from the Assembly to the Lieutenant-Governor for the
safety and preservation of the island. A proposal of the Assembly,
for a proclamation to call in arrears of taxes, was returned, as there
was not a full Council. [Board of Trade. Leeward Islands, 64.
pp. 447-448 ; and 458.]
Jan. 15. 179. The Assembly of Nevis to Council of Trade and Planta-
Nevis. tions. We send herewith our journals, beseeching that what may
be thought amiss may be pardoned, and what judged as reasonable
grievance redressed. Our first grievance is our being debarred
from making laws binding (be the occasion never so emergent) till
first sent to Antigua for the consent of the Governor-in-Chief, a
thing quite contrary to the former privileges of this and other
Islands, which were that in the Governor-in-Chief's absence the
Deputy or Lieutenant-Governor, Council and Assembly of each
island made laws, binding for two years, which were sent home for
confirmation, and unless so confirmed were void. The Governor's
present Commission expressly makes his assent, or in his absence
the Lieutenant-Governor's assent, necessary to the making of laws.
We beg that our old privilege may be restored, and that the word
absence may be explained, whether it means that the Governor is
never absent until he be dead or out of the Government, or that he
is absent from every island but that which he actually is on, and
that in such absence the Lieutenant-Governor's assent to laws is
90 COLONIAL PAPERS.
1698.
sufficient. There has been much contention about it. If he is
never to be construed as absent unless he be removed or dead, then
we are very miserable, and indeed there is no occasion for Lieutenant-
Governors in the several islands ; though great inconveniences
must necessarily follow if there be not Lieutenant-Governors clothed
with powers to make laws with the Council and Assembly, for
some of the islands are ten leagues distant from each other.
Another privilege of ours was that the Lieutenant-Governor and
Council, in the absence of the Governor-in-Chief, were a Court of
Chancery and a Court of Admiralty on occasion. But since some
few years Governor Codrington has disallowed it to us, declaring
that no matters shall be finited in Chancery but when he is present,
nor Court of Admiralty or for gaol delivery held except by his special
Commission. This has been some cost to us in hire of sloops and
delay of justice, for the Governor is sometimes not here for a whole
year. These privileges and others have been taken from us by
the unusual instructions of the Governor-in-Chief to Lieutenant-
Governor Samuel Gardner. Signed, Wm. Buttler. Speaker. 2 pp.
Endorsed, Reed. 23 March, 1697. [Board of Trade. Leeward
Islands, 5. No. 71; and 45. pp. 173-176.]
Jan. 15. 180. Minutes of Council of Virginia. Order for a proclama-
tion to announce the conclusion of peace with France, and for the
embargo on ships intended for Europe to be removed. [Board oj
Trade. Virginia, 53. pp. 107-108.]
Jan. 15. 181. The Secretary of Massachusetts to William Popple. I
Boston. sent copies of the Minutes, Acts and public accounts by Mr. Thomas
Wilkins, purser of H.M.S. Falkland, which sailed from Piscataqua
on 20 October last. I now send the further Minutes of Council to
December, 1697, also the Journals of Assembly and Acts. The
Lieutenant-Governor is sending an account of the public occur-
rences. Lord Bellomont was not arrived at New York upon the
1st inst., having been more than seven weeks at sea. Several
merchant ships that started with him arrived here in thirty days'
passage, and H.M.S. Fowey arrived at New York a fortnight since,
having parted with the ship on which he was embarked five weeks
before. It is much feared that the severity of the cold and of the
north-westerly winds has driven him off the coast. His arrival
has been earnestly desired and long expected. Signed, Isa.
Addington. 2 pp. Endorsed, Reed. Read 11 April, 1698. [Board
of Trade. New England, 9. No. 5 ; and 36. pp. 361-363.]
Jan. 17. 182. Minutes of Council of Montserrat. Order for several
Acts expired by reason of the conclusion of the war to be continued
for a limited time. Persons named for taking an account of the
inhabitants in order to a levy. Order for a warrant for the viewing
of a ship. [Board of Trade. Leeward Islands, 64. p. 528.]
Jan. 17. 183. Instructions to Samuel Day as Governor of Bermuda.
The Council is to consist of William Peniston, Samuel Trott,
William Outerbridge, Gilbert Nelson, Richard Peniston and John
Tucker. He is to propose to the Assembly : (1) That an export
duty of one penny per pound be levied on tobacco, but in such
AMERICA AND WEST INDIES. 91
1698.
manner that the Crown may lessen it in such proportion as shall
seem good from time to time, and that no tobacco he laden without
security first given for payment of the King's customs and duties.
(2) That moderate quit-rents be settled from the lands enjoyed by
the inhabitants. (3) That the Governor's house, prison, fortifications
and other public buildings be repaired at the public charge, a levy
being laid for that purpose. He is to take an account of the public
lands and of certain claims thereto, to continue to public officers
their shares of land and slaves, to send an account of the slaves
belonging to the late Company, and to require from public officers
their accounts for money received from the late Company, on pain
of suspension. The law as to keeping white servants is to be
enforced, the forts and defences are to be kept in good repair, and a
certain number of tenants trained to work the guns. No ships are
to load or unload except in Castle Harbour or St. George's Harbour.
Isaac Eichier is to be permitted to come to England, to give security
to prosecute his appeals in his suits against Nicholas Trott and
John Goddard, and his goods are to be restored to him. Goddard
and Trott are also to give security to abide by the decision of the
King in Council, and Trott, if in Bermuda, is to be obliged to corne
to England to answer for misdemeanours in his Government of the
Bahamas. The Acts of Trade and Navigation are to be strictly
observed. [Board of Trade. Bermuda, 29. pp. 72-107.]
Jan. 17. 184. Journal of Council of Trade and Plantations. Order
in Council of 13th inst. on a memorial of the Board of Ordnance
read (No. 174).
Major Handasyd's letter of 18 November last from Newfound-
land read.
Jan. 18. The Acts of Barbados were considered.
Jan. 19. Acts of Barbados further considered, and directions given for a
representation thereupon.
Journals of Jamaica from December 1695 to July 1696 perused.
Jan. 20. Perusal of Journals of Jamaica continued.
Jan. 21. Acts of Jamaica perused. [Board of Trade. Journal, 10. pp.
399-404.]
Jan. 18. 185. Minutes of Council of Jamaica. Orders for several
payments for salaries and for various services, including i'50 to
the captain of a sloop for good service in bringing intelligence and
a prisoner from St. Domingo. A petition read from the inhabi-
tants who furnished Admiral Nevill's squadron with wood and
water, that they might be paid from the proceeds of the sale of the
King's victuals. Order for the claims to be examined and, if
certified, to be paid as requested in the petition. [Board of Trade.
Jamaica, 79. pp. 75-77.]
Jan. 20. 186. John Usher to Council of Trade and Plantations. I
Boston. enclose what has come to my hands since I left New Hampshire.
By my warrant Major Smith ordered the militia under arms for
the solemnity of publishing your orders, for which Mr. Partridge
summoned him before Council for disturbing the peace. It is hard
for men who obey your orders to be thereupon charged as dis-
turbers of the peace ; but those now holding the Government are
92 COLONIAL PAPERS.
1698.
so ill-affected that they hate every loyal man. You have heard
that Mr. Partridge and Council propose to maintain the Govern-
ment as it now is, that is to say as no kingly but as a Common-
wealth Government. The purging of Fyfield out of the Assembly
shews that they will not suffer a loyal person to hold a place of
trust. I have been told that in several towns the inhabitants were
not warned of the election of Assembly men, and that but a few,
malignant to the King's Government, met and chose them, which
I judge to be illegal. Pickering, the Speaker, is the person who
some years since seized and still detains all the records of deeds and
wills. These three or four years I have endeavoured to prosecute
him for the same, but without effect, owing to the failure of the
officers. He is chief leader of the mob, and without him Hincks,
etc., dared not have adventured in the Government. By him they
are upheld, and they dare do nothing but as he directs. He of all
men should be made an example, considering a speech that he once
made in the Assembly reflecting on the King, quoting "He which
goes to build a tower and doth not first sit down and count the cost,
etc." I hope you will give orders to bring him to justice, that his
example may be a terror to other evil doers. Then I judge the
Government will have rest. Signed, John Usher, f p. Enclosed,
186. i. Joseph Smith to John Usher. Hampton, 17 January,
1697-8. On the 28th December I appeared before His
little Honour and Council, according to summons, to
answer for disturbing the peace. I told them in short
that I had obeyed your warrants as Lieutenant-Governor
not only on the 12th and 13th December but ever since,
in virtue of the instructions received by you from
Whitehall, and that if obedience to God and the King
were a crime to be summoned fourteen miles to answer
for, then I was guilty of that crime. Colonel Packer
made a like answer. Waldern after an impertinent
discourse said that they had no more to say at present.
The same day the Assembly met and chose Pickering
Speaker. Partridge delivered them a paper, desiring their
advice as to sending to England to have the Govern-
ment confirmed as it is. The Assembly withdrew and
down comes old Penny with a deposition against Ben.
Fyfield that he had been heard to say that he was as
well contented to be under Mr. Usher as Mr. Partridge,
and that those who sent Ichabod Plastead to New York
ought to pay his wages. On this testimony they purged
the Assembly of this honest man, and issued a writ for
the election of another in his room. I know nothing of
their proceedings since. The Assembly are like those
that met to choose them, men of anti-monarchial
principles. I hear that not above six met at Exeter and
not above twenty at Hampton. It will be very strange
if these proceedings be countenanced the acceptance
by Mr. Partridge of such a person as Speaker, who is
known to be of ill principles, being a common drunkard
and a notorious felon. There are others who were
delivered out of gaol by that rebellious Revolution, such
AMERICA AND WEST INDIES. 93
1698.
as Furber, etc. If they be countenanced, every good
man must quit his habitation or be made a prey to
unreasonable men. Copy, 1$ pp. The whole endorted,
Reed. Read 12 April, 1698. [Board of Trade. New
England, 9. No. 6, 61.; and (without i-nclotsttir), 36.
pp. 364-365.]
Jan. 20-22. 187. Minutes of Council and Assembly of Antigua. The
Assembly, twenty in number, chose George Gamble for Speaker,
who was approved. The Council and Assembly agreed to appoint
a joint committee to draw up a Militia Act, an Act to encourage
importation of white servants, and a short Act for better regulation
of the Registry, and another joint committee to report as to the
number of standing guards that it is still necessary to keep. The
Council sent down to the Assembly the depositions of Edward
Walrond, and the letter signed J. Johnson, for their consideration.
The Assembly asked for further time to consider them, and that
the Governor, looking to the expense which the island had incurred
in fortifications, would ask for one of the companies of Holt's
regiment to be kept in that island at the King's charge. The
Governor consented, and urged them to despatch the business
before them. Message from the Assembly asking for the Council's
directions as to the amendment of the bills for regulating
Assemblies, and for regulating fees. Several patents for lands
passed. [Board of Trade. Leeward Islands, 64. pp. 235-240.]
Jan. 21. 188. William Bridgeman to William Popple. The Admiralty
Admiralty desire to know when the Council of Trade propose that the convoy
Office. or Newfoundland should be ready to proceed from England. Signed,
Wm. Bridgeman. p. Endorsed, Reed. Read 24 Jan., 1697-8.
[Board of Trade. Newfoundland, 3. No. 93 ; and 25. p. 174.]
[Jan. 24.] 189. Petition of Charles Story to Council of Trade and
Plantations. I was sent over by the Lieutenant-Governor of New
Hampshire to lay before you the ill-state of the Colony. My
expenses were such that without your assistance I cannot return.
I beg you to contribute 20 towards transporting me to New
Hampshire again. 1 p. Endorsed, Reed. Read 24 Jan., 1697-8.
[Board of Trade. New England, 9. No. 7.]
Jan. 24. 190. Journal of Council of Trade and Plantations. Mr.
Bridgeman's letter of 21st as to the Newfoundland convoy read
(No. 188). Order for Mr. Cole and Mr. Merret to be summoned
to attend on Wednesday.
Mr. Story presented a memorial (No. 189). Order for the Secretary
to represent his case to Mr. Lowndes for the consideration of the
Treasury.
Jan. 26. Mr. Cole and Mr. Merret attending, gave their opinion as to the
Newfoundland convoy, which the Secretary was ordered to represent
to the Admiralty (>r, ; \,>. 196).
The Council again wrote to Mr. Vernon upon the subject of
rooms for this Board.
An order of the House of Commons for copy of the Board's
Commission and instructions was received and read.
94 COLONIAL PAPERS.
1698.
Jan. 27. The letter as to Newfoundland convoys was approved ; and the
representation on the Acts of Barbados signed.
Perusal of the Acts of Jamaica continued.
Jan. 28. Perusal of the Acts of Jamaica continued.
Copy of the Commission and instructions sent up to the House
of Commons. [Board of Trade. Journal, 10. pp. 399-408.]
Jan. 25. 191. Lieutenant-Governor Stoughton to Council of Trade
Boston. all( j Plantations. Since my last of 30 September I have received
your further letter of 27 October, with the proclamation of peace,
which was published amid great rejoicing. The people have very
sensibly tasted the direful effects of war and are glad to be freed
from the heavy taxes, laid upon them for the prosecution of the war ;
they will enjoy great ease if the barbarous Indian rebels can be
reduced to obedience. I have also received yours of 3 August,
desiring me to further your intentions as to New Hampshire, which
came not to my hand until Mr. Usher had started for the province
on your order to proclaim peace, which I understand that he did. On
his arrival in the province, however, Mr. Partridge published his
commission and took over the Government. Whether he be quali-
fied or not I cannot judge. I have not received one line from him
since, nor has he at any time advised with me concerning the
Government. No doubt Mr. Usher will give you a full account.
I was ready to have given him all credit and countenance with the
people of New Hampshire, had opportunity offered for my inter-
posing. I enclose an account of three prize ships brought in here
since the sending of the last list. I hold the King's share in my
hands ready for payment to any duly authorized person. The last
ships brought a commission from the Prize Office for John George,
merchant, to be their Agent in these parts for all prizes brought in
since 19 June, 1689, without a notice of the Royal Grant made to
Lord Romney and Mr. John Glover. The matter is not well under-
stood here. I paid to the Agents of the latter 286, which I hope
was right ; but I ask for instructions as to the further prize-moneys
remaining in my hands. On his return home from Newfoundland
Colonel Gibsone despatched a ship here to be laden with provisions
and supplies for the forces left in that country. I sent her off as
soon as necessary repairs to her were finished and the season would
permit, for winter had set in before she arrived here. The cost of
the said repairs and provisions amounted to 1,610, at the most
reasonable rate possible, and I have sent the account to Sir Henry
Ashurst. I have detained this ship for some time in the hope of
reporting to you Lord Bellomont's arrival at New York, but there
was no news of it up to the 10th inst., being near five weeks after
the arrival of some of the merchant ships that started with him.
I fear that he has been driven off the coast by gales of unusual
severity, and has been exposed to the hardships of a tedious
winter-voyage. Signed, Wm. Stoughton. 2 pp. Inscribed, a short
abstract of the above. Endorsed, Reed. Read 12 April, 1698.
Enclosed,
191. i. Account of three prizes brought into Massachusetts
on 9 November, 1697. Total value, 774. King's share
154, less 120 deducted for 12 guns, making the King's
AMERICA AND WEST INDIES. 95
1698.
share, net 34. 1 p. Endorsed, Reed. Read 12 April,
1698. Copy of the above letter. 2 pp. [Board <>t
Trade. New England, 9. Nos. 8, 81., 9; and (without
enclosure), 36. pp. 366-370.]
Jan. 25. 192. Minutes of Council of Barbados. Order for issue of
writs for the election of an Assembly. Thomas Sadleir continued
as Acting Treasurer till further order. Major Estwick and
Lieutenant-Colonel Fortescue appointed assistants at Bridge Court
and Oistins Court respectively. [Board of Trade. Barbados, 65.
pp. 274-275.]
Jan. 25. 193. Minutes of Council of Montserrat. In reply to the
Council's proposal the Assembly concurred in testifying to
Governor Codrington's good carriage, to vindicate him against the
attacks of Mr. Walrond and Mr. Lucas. [Board of Trade.
Leeward Islands, 64. pp. 528-529.]
Jan. 27. 194. The Governor and Council of Connecticut to Council of
Hartford. Trade and Plantations. On 21st inst. we received by our agent,
Major-General Fitzjohn Winthrop, the King's letter of 22 April,
1697, and yours of 9 February and 26 August last. We assure you
of our diligent endeavours for some time past to enforce the Acts
of Trade and Navigation, and of our readiness to observe them in
future. We have as far as in us lay complied with your various
orders. The General Assembly has chosen Commissioners to
negotiate with Rhode Island as to our boundaries, and we hope that
they may come to an amicable agreement. If not, we shall observe
your orders. As to the militia, no one can deny our readiness to
assist neighbouring Governments against both French and Indians
with all forces that we could spare consistently with our own safety
during the late war. We have had our quota of men and some-
times more in actual service under our pay on the frontiers of
Massachusetts and of New York, while other Governments have sat
still and contributed nothing, that we could learn, to the relief of
those provinces and the security of their frontiers. We take the
boldness to vindicate ourselves against the accusations of backward-
ness which have been suggested against us. The happy return of
peace has rendered the quota needless, but we shall not neglect, in
times of peace, to take such care of our forces as the King has
directed. As to the Acts of Trade we shall be very ready to give
Bord Bellomont the security which the King has required. All
reports of our harbouring pirates and carrying on illegal trade are
utterly false. Our trade at the most is so inconsiderable that it
would be impossible for illegal traders to pass undiscovered ; and
as to our being a receptacle for pirates, not one vessel, belonging or
reported to belong to any pirates, real or supposed, has come or
been admitted to any of our ports, bays or any other place. How
true these reports may be of other Colonies we cannot say, but \\<>
ourselves have always been far from countenancing what is contrary
to the law of God and man. Signed, for the Governor and Company,
Eleazar Kimberly, Secy. 2 pp. trith prtn* attached. Tin- tclmlr
endorsed, Reed. 8 Sept.; Read 20 Oct., 1697. [Board // Trade.
Proprieties, 2. Xo. 10; and 29. pp. 237-241.]
96
COLONIAL PAPERS.
Jan. 27.
Whitehall.
1698.
Jan. 27. 195. Council of Trade and Plantations to the King. We
present to you a list of Acts of Barbados, of which we find many to
be temporary and expired, some of private concernment and
already confirmed, and others which, though of public concern-
ment, may without inconvenience remain without confirmation, that
is to say in force until your pleasure be signified to the contrary.
We have marked these several distinctions against each Act in the
list. There is an Act, declaring the decision of controverted
elections to the Assembly to be in the representatives of the people,
as to which we have not yet sufficient information to offer any
recommendation. As to the Act giving a present of 300 to the
late Governor we see no reason why it should not be confirmed and
the money paid to his executors. Signed, J. Bridgewater, Ph.
Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. Here follows
a list of thirty-seven Acts. [Board of Trade. Barbados, 44.
pp. 127-135.]
196. William Popple to the Secretaries of the Admiralty.
With reference to yours of 21st inst. (A T o. 188) the Council
of Trade after consultation with the merchants concerned in
Newfoundland think that it may be sufficient at present for one
man-of-war to be appointed to be ready to sail from Plymouth
about the beginning of April, with orders to stay at Newfoundland
till towards the end of September, to regulate any disputes between
the fishing-ships there, and convoy back any of the ships to Spain,
Portugal or Italy. The merchants expecting that some other
frigates may be appointed meanwhile to cruise against the Sallee-
men (from whom they apprehend most danger) are less determined
upon the force necessary to convoy their sack-ships to Newfoundland
in June and convoy back the ships for Spain, Portugal and Italy.
[Board of Trade. Newfoundland, 25. p. 173.]
Jan. 28-29. 197. Minutes of Council and Assembly of Antigua. The
Assembly consented to the Council's proposal to settle 200 or
32,0001bs. of sugar per annum as the Chief Justice's salary. Message
from the Assembly vindicating the Governor's integrity and loyalty
against the accusations of Edward Walrond. The Council concurred
with the Assembly in the discharge of the standing guards and the
appointment of some of the King's soldiers to do duty in their stead.
Message from the Assembly asking for explanation of a clause in
the Act for regulating fees, and requesting that the -next General
Assembly may be held in Antigua, since the gentlemen to leeward,
always unreasonable over the public accounts, will be doubly so
when stirred up by their own people. The Assembly also sent up
the request that it might be paid. Eleven justices
an account with
of the peace sworn.
pp. 241-245.]
[Board of Trade. Leeward Islands, 64.
Jan. 31- 198. James Vernon to Council of Trade and Plantations.
Whitehall. By the King's command I transmit to you the list of the ships
proposed by the Admiralty for the West Indies, for your opinion
whether the squadron is sufficient for the service. Signed, Ja.
Yernon. List of ships. Pendennis, 50 guns ; Tyger, 50 guns ;
, AMERICA AND WEST INDIES J7
1698.
Sandadoes (prize), 46 guns; Lynn, 32 guns: Maidstone, 24 guns.
p. Endorsed, Kecd. Read 1 Feb., 1697-8. [Board of Trade.
Plantations General, 4. Xo. 87 ; and 34. p. 231.]
Feb. 1. 199. Minutes of Council of Barbados. The President
announced the reasons for calling the Council, viz., to despatch
Captain Reeves of the Newcastle and supply him with men and
money ; to embark Governor Russell's corpse on board the New-
castle ; to provide for the reception of the new Governor ; to
prepare the journals and laws of the past six months for trans-
mission to England ; and to prepare letters to the Council of Trade,
the Admiralty and the Agents. [Board of Trade. Barbados, 65.
p. 275.]
Feb. 1. 200. Minutes of Council of Montserrat. Permission granted
for a foreign vessel to unlade her cargo of wheat, she being unfit
to proceed on her voyage. [Board of Trade. Leeward Islands, 64.
p. 529.]
[Feb. 1.] 201. Extracts from two letters to the East India Company.
Letter from Surat dated 6 February, 1696-7, and received 28 January,
1697-8. Enclosed are several papers relating to pirates that infest
these seas. What your affairs and we have suffered from these
villains, and how they were endangered on the Malabar Coast, will
be manifest to you. We knew of three besides the Mocha, frigate,
Babington, Hore and the Dutch Master. They have lately plundered
one ship of the Shawbunder of Cong, and another ran ashore to
escape them. It was said that if the Portuguese had not been in
the road they would have plundered the place, as they may have
done Garnbroon. Your estates, trade, and servants' liberties and
lives here are in continual danger, and may be shortly so all over
India. We are at this instant prisoners at large, and how soon we
may be straiter confined by the Government or massacred by the
rabble, God alone knows, to whose Divine will we desire entirely to
submit ourselves. There is a report of twenty-two more at Mada-
gascar bound to the several parts of India, but of this we have no
certainty. The damages that these rogues have done to the inhabi-
tants of Surat and the adjacent towns was brought in to our
Governor, in the time of our late imprisonment, to be five million
rupees.
Letter from Bombay, dated 18 February, 1696-7, and received
28 January, 1697-8. Besides what the President etc. have wrote
afresh concerning the villainy of the pirates in the Gulf of Persia,
we hear that there are three cruising off Cape Comorin, who vainly
as well as impudently give out that they are friends to no man but
to God Almighty. 1 pp. Endorsed, Delivered to the Board by
the Governor and other members of the Company. Reed. Read,
1 Feb., 1697-8. [Board of Trade. Plantations General, 4. A T o. 88.]
Feb. 1. 202. Memorial of the Merchants trading to Virginia and
London. Maryland to the Council of Trade. Last August we urged the
advantages which might accrue to this Kingdom and to the Colonies
if liberty were granted to all the King's subjects to export tobacco
to the Czar's dominions, and begged that the King might be moved
4220
98 COLONIAL PAPEKS.
1698.
to obtain this liberty for us. We received the favourable reply
that the necessary instructions had been given to the King's
Ambassadors at the Hague. We now beg your further advice and
assistance in recommending that the favourable opportunity of the
Czar's presence may be made use of. Signed, Micaiah Perry, and
by four others. 1 p. Endorsed, Eecd. Read 4 Feb., 1697-8.
[Board of Trade. Virginia, 6. No. 36.]
Feb. 1. 203. Journal of Council of Trade and Plantations. Mr.
Secretary Vernon's letter of yesterday with a list of ships for the
West Indies read (No. 198). Order for an explanation to be
asked of Mr. Ellis before the same be answered.
The Governor and others of the East India Company presented
a copy of intelligence lately received as to the pirates in these parts
(No. 201), adding that these pirates put them to great expense
in convoys and that a squadron should be sent to destroy their
settlement. They were then informed that a representation to
that effect had been made and that the great officers of the Crown,
belonging to this Board, had appointed a meeting to be held on the
subject.
Order for a letter to the President and a Council of Barbados and
a memorial to be given to the New Governor to report as to the
usage for deciding controverted elections in that island ; also that
the Secretary ask the Barbados Agents what they have done in
pursuance of the W T hite Servants Act of Barbados passed in 1696.
Order that a representation be drawn as laying before the King
the necessity for putting the Colonial Militia Acts into execution.
Feb. 3. Letter to Mr. Vernon asking for several copies of the Proclamation
forbidding English subjects from taking service with foreign
princes.
Colonel Gibsone attending, was asked to draw up a memorial of
his thoughts relating to the forts and garrison of Newfoundland.
The Secretary reported that he had ascertained from Mr. Ellis
that the ships for the West Indies were not to be kept together as
a squadron, but their disposal to be left to this Board's
consideration.
Mr. Bridgeman's letter of this day read (A T o. 205), and copy
ordered to be sent to Mr. Gilbert Heathcote, with directions to
attend to-morrow morning.
Feb. 4. Mr. Micaiah Perry and the merchants of Virginia urged that
endeavours might be used with the Czar of Russia while here to
admit tobacco into his dominions. The Council answered that they
had already done so, and that the question had been previously
laid before the Czar in Holland.
Perusal of the Jamaica Acts continued. Order for a letter to the
Jamaica Agents concerning two of them. [Board of Trade.
Journal, 10. pp. 410-419.]
Feb. 2. 204. William Popple to the Agents for Barbados. The
Essex. Council of Trade, rinding among the Acts of Barbados one of
August, 1696, for the speedy supply of arms, ammunition, stores
and white servants, desire to be informed what has been done in
pursuance thereof. [Board of Trade. Barbados, 44. pp. 135-136.]
AMERICA AND WEST INDIES.
1698.
Feb. 3.
Admiralty
Office.
Feb. 3.
Essex Street.
Feb. 3.
Kensington
Feb. 3.
Kensington.
Feb. 3. .
Kensington.
Feb. 4.
205. William Bridgeman to William Popple. The Admiralty
desire to know whether the Council of Trade has any accounts o'f
the number of negroes carried off by the French when they last
landed in Jamaica and in particular if any of the negroes were free.
If so the Council is desired to send extracts from their accounts.
Signed, Win. Bridgeman. p. Endorsed, Heed. Read 3 Feb.,
1697-8. [Board of Trade. Jamaica, 8. A 7 o. 83 ; and 56. p. 175.]
206. Council of Trade and Plantations to Mr. Secretary
Vernon. We have seen a proclamation forbidding the King's
subjects to enter the service of foreign princes, which we judge
necessary to disperse widely through the Colonies. Please order
the King's printers to furnish us with three or four hundred copies
of this and of any other printed paper that we may require. Signed,
J. Bridgewater, Ph. Meadows, W. Blathwayt, John Pollexfen, Abr.
Hill. [Board of Trade. Plantations General, 34. p. 232.]
207. Extract from the Minutes of the Privy Council. The
representation of the Council of Trade on the Acts of Barbados,
dated 27 January, was read. An Act for granting 300 to the late
Governor Russell was confirmed. Signed, John Nicholas. p.
Endorsed, Reed. 15th, Read 16th Feb., 1697-8. [Board of Trade.
Barbados, 7. No. 59 ; and 44. pp. 136-137.]
208. Order of the King in Council. Confirming the Act of
Barbados for making a present of 300 to the late Governor
Russell, and authorising his executors to receive the same. Copy.
Signed, John Nicholas. p. Endorsed, Reed. 22nd, Read 23rd Feb.,
1697-8. [Board of Trade. Barbados, 7. No. 60 ; and 44.
pp. 137-138.]
209. Order of the King in Council. Referring the petition
of John, Lord Cutts, and others to the Council of Trade and Planta-
tions for report. Signed, John Nicholas. p. Endorsed, Reed.
9th, Read 10th Feb./1697-8. Annexed,
209. i. Petition of John, Lord Cutts, Sir Henry Pickering of
Barbados and Joseph Dudley of New England to the
lung. There is great want of small money in the
Colonies, whereby trade is much obstructed. A certain
metal, far exceeding that made at Nuremberg, has
been brought, by the industry of one who holds your
Majesty's patent, to that curiosity and perfection as to
be without any danger of counterfeiting. We beg you
to grant us Letters Patent for seven years to coin half
pence, pence and twopenny pieces for the use of the
Colonies according to such rules, and with such super-
scriptions and devices thereupon, as you shall approve
or direct, p. [Board of Trade. Plantations General,
4. Nos. 89, 89 i.; and 34. pp. 235-236.]
210. Memorandum of a paper presented to the Council of
Trade by Micaiah Perry, giving reasons for enlarging and regulating
the trade to Russia and the Narve. i p. [Board oj Trtule.
Virginia, 6. No. 37.]
COLONIAL PAPERS.
1698.
Feb. 4.
Whitehall
Feb. 4.
Feb. 7.
Essex Street.
Feb. 7.
Feb. 9.
Feb. 10.
Feb. 8.
211. William Popple to the Agents for Jamaica. The
Council of Trade have found difficulties in respect of two Acts
of Jamaica. That for confirming certain lands to Sir James del
Castillo has no clause saving the rights of the King or of strangers,
and is therefore unfit to be confirmed. That for appropriating the
additional duty contains a reference to a former Act, which is not
in this office, and you are therefore desired to send me a copy.
[Board of Trade. Jamaica, 56. pp. 175-176.]
212. Minutes of Council and Assembly of Antigua. Address
of the Council to the Governor, vindicating him against Edward
Walrond's accusations in respect of Eobert Arthur's trial. Message
from the Assembly asking for an adjournment since there is no
time to deal with any important Acts before the Governor goes to
leeward. Patents for land granted. The Chief Justice was sworn.
The Governor adjourned the Assembly. [Board of Trade. Leeward
Islands, 64. pp. 246-248.]
213. Council of Trade and Plantations to Mr. Secretary
Yernon. In reply to yours of 31st ult. respecting the ships to be
sent to the West Indies, we have already represented our opinion
to the Lords Justices on 19 October last, and the Admiralty have
sent us a list of ships accordingly, adding further that the Swift
would be sent to Maryland and the Essex to Virginia. Observing
the difference of these names from some on your list, we can only
say that if the force of the ships appointed is conformable to our
representation, they may be sufficient for the service. As to the
ships that are already gone or may be intended to go to any of the
Colonies, we have not been applied to for any alterations nor have
we any to propose. Signed, J. Bridgew r ater, Ph. Meadows, Win.
Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade. Planta-
tions General, 34. pp. 232-233.]
214. Journal of Council of Trade and Plantations. Letter
to Mr. Vernon as to men-of-war for the Plantations signed
(No. 213).
Mr. Tyrrell attended to ask if any report had been made on his
brother's petition. The Board told him that they would shortly
consider the matter and inform him.
Order for a circular letter to be drawn, transmitting the
Proclamation to forbid English subjects from taking service with
foreign princes.
Order for a letter to be written to Mr. Blackborne to ask him to
send certain further information as to pirates in the East Indies.
Order for letters to be written to the several Plantations, that
have not printed their laws, to print them.
Order in Council of 3rd inst. covering Lord Cutts's petition read
(No. 209). Ordered that if any enquire about this matter they be
directed to attend the Board with their proposals in writing.
Representation as to militia in the Plantations signed (A'o. 218).
[Board of Trade. Journal, 10. pp. 420-424.]
215. Council and Assembly of New Hampshire to Council
of Trade and Plantations. We thank the King for appointing
Mr. Partridge to be Lieutenant-Governor in place of Mr. Usher,
AMERICA AND WEST INDIES. 101
1698.
On Mr. Partridge's arrival with the King's Commission proclama-
tion was made that Mr. Usher's power was void, yet, Mr. Partridge
for some reason delaying to assume the Government, and leaving it
in the hands of the President and Council, Mr. Usher began to make
disturbance and, we hear, has complained to you of the province
being without a Government and in a lamentable condition. The
province was never more peaceable, nor has there been any
disturbance since Mr. Partridge's arrival except that which
Mr. Usher has endeavoured to give us. We understand that he
has represented Mr. Hincks, Mr. Yaughan, and Mr. Waldern to
you as ill men. We assure you that they have proved themselves
true and faithful to the King's interest and well affected to his
Government, and they are qualified beyond most of the inhabitants
for the King's service. By the Council's advice Mr. Partridge
has since taken the Government upon him to prevent further
disturbance, which has given general satisfaction here. We await
the King's further pleasure by the arrival of the Earl of Bellomont.
Nothing could have been more agreeable to us than his appoint-
ment, and under his influence we shall distinguish ourselves by
fervent zeal for the King's service. Signed, Hen. Penny, Secretary;
Henry Dow, Speaker. 1 pp. Endorsed, Reed. Read 6 April, 1698.
[Board of Trade. New England, 9. No. 10; and 36. pp. 363-354.]
Feb. 8. 216. Minutes of Council of Barbados. Order for H.M. ships
Sheerness and Bonaventure to sail to Tobago, where they can
procure timber to refit. Orders for the wines for the new Governor
to be paid for by the Treasurer, and for Governor Russell's corpse
to be embarked on the 17th. Order for the Treasurer to bring in
his accounts. Certain accounts passed or referred for examination.
Answer to Captain John Aldred's memorial, telling him that the
Assembly refuses to provide money for the supply of the King's
ships, and that the Receiver of the King's casual revenue refuses to
advance it without orders from Whitehall. [Board of Trade.
Barbados, 65. pp. 276-279.]
Feb. 10. 217. Minutes of Council and Assembly of Nevis. Governor
Codrington was present. Letter from the Agents read, reporting
the end of the war. John Perrie's commission as Surveyor
General read.
Feb. 12. The Clerk of the Assembly was ordered to bring the minutes of
Assembly, and refusing to do so was ordered to be kept in custody.
[Board of Trade. Leeward Islands, 64. p. 458.]
Feb. 10. 218. Council of Trade and Plantations to the King. Look-
ing to the state of the Colonies in America, weakened by the late
war and by remissness in keeping up a competent number of white
servants (who are the body of the militia) in proportion to the
blacks employed in plantation- work, we think that the Governors of
the Colonies should by your directions be required to take exact
care that the Acts for increasing the number of white men in their
several Colonies be effectually put into execution, and that when
any laws of that kind are detective they should use their utmost
endeavours with the Assembly to procure their amendment.
[Board of Trade. Plantations General, 34. p. 234.]
COLONIAL PAPERS.
1698.
Feb. 12. 219. Governor Codrington to Council of Trade and
Antigua. Plantations. Yours of 10 November has come safely to my
hands, and I have returned an answer to Mr. Walrond's
accusations. I have forborne from any reflections upon his
strained inferences and ill-applied epithets, nor shall I trouble
myself with the motives which he professes for his proceedings.
Had I not some reason to flatter myself that my behaviour since
I have been Governor acquits me of this scandalous accusation of
disloyalty, I could convince you by demonstrations that would
leave no room for doubt, but I shall spare you that trouble, only
asking you to believe that I have little regarded blood or interest
upon any occasion when the upholding of the King's honour and
the welfare of his subjects here required it. Now as to Captain
Arthur, it is very true that he was committed for scandalous and
treasonable words against the King and Government, and if I did
express my concern when I heard thereof (as Mr. Walrond says) it
was not at his commitment but from horror at his offence, and
because it was out of my power to punish him as that offence
deserved. It is also true that on his application to me in Council,
bail was granted and two sureties put in for his personal appearance
at next sessions. The grand jury found a true bill at the trial, but
the petty jury, because the witnesses did not appear, found him not
guilty. Why this is imputed to me or how I can be reasonably said
to patronise Arthur or to contrive that he shall not be punished, I
must leave to your judgment. It is alleged that I refused my
warrant for bringing witnesses from H.M.S. Jersey that they might
be bound over to prosecute Arthur at sessions. So far was I from
refusing it that an Order in Council was passed that Mr. Duncombe
and another justice should send for the witnesses from H.M.S.
Jersey, then lying in St. John's Harbour, and make full enquiry.
Presuming" that these gentlemen knew their duty and having
no cause to think that they would neglect it, I gave myself
no further trouble on the occasion until I was alarmed
at Captain Arthur's being cleared upon his trial. I confess
that I was much surprised at this, and upon enquiry
found that the witnesses had never been sent for by the justices as
in Council was ordered, and that by reason of the ship's being absent
on a cruise they could not be had. I find likewise that the justices
had taken no care to adjourn the trial to await the ship's arrival,
which a special clause in the Commission empowered them to do ;
and this was the occasion of Arthur's discharge. However, that
he might be furnished as soon as the ship came in, I caused the
witnesses to be examined in Council in the hope of finding new
matter whereon to ground a new trial, but as none could be found
they were dismissed ; and this Mr. Walrond does me the justice to
acknowledge. Secondly, it is alleged that I employed the frigate on
a frivolous pretence, so that the witnesses might be absent from
the trial. Now at that time there lay in Nevis eight or nine laden
vessels, outward bound, and the Lieutenant-Governor at the request
of the masters asked me to send down H.M.S. Jersey (which was
then our only ship of war, Admiral Nevill having taken the
Colchester with him to leeward) to see them clear of several
privateers that lay in wait to intercept them. I accordingly ordered
AMERICA AND WEST INDIES. 103
1608.
her to Nevis, limiting her stay to twenty-four hours and her cruise
to ten days. During her absence Arthur's trial came on. Had the
justices adjourned the Court or the Captain observed his instruc-
tions, there would have been no ground for the present complaint.
I presume that the sending out of the frigate for the preservation
of our ships deserves a better construction than a frivolous pretence.
Thirdly, it is charged against me that, though I was informed of
Arthur's saying that I durst not prosecute him, for that he could
discover worse things of me than had been alleged of him, I never
sent for Arthur nor took any pains to justify myself. This imputa-
tion is false, for I at once summoned Arthur before the Council
and taxed him with these words, and the whole Council are my
witnesses that he denied that he had ever said any such
thing. Fourthly, I am accused for recommending Arthur to
Admiral Nevill. Had not the Admiral been taken out of this
world I dare presume that he would have justified my inno-
cence herein. What passed between us was this. The Admiral
happened to mention in discourse that the poor unfortunate fellow
(pointing to Arthur who was then standing in my room) was in
trouble and hardship, and prayed me to turn him about his busi-
ness ; saying that he had formerly done good service, but by his
folly and roguery had made himself miserable. I answered that I
had known him do good service and show courage enough, but
that he had done very ill things and spoken ill words of the King
and must take his trial before he went off. Mr. Yeamans, who
was by, said it was true and that so he must ; and so ended that
discourse, and, upon the word of a gentleman, nothing more
passed between the Admiral and me concerning Arthur. Had not
Mr. Nevill begun the discourse I had never thought of Arthur, and
had Mr. Walrond reported the beginning as well as the end of it, I
conceive that the matter would have worn another face.
I do not remember saying that the depositions were malicious,
, and if any such words came from me I am sure .that the manner of
proceeding against Arthur was sufficient ground to me to suspect
it. Henry Walrond and Arthur were held together in a very strict
league of friendship until the Captain of the frigate quarrelled with
Arthur, whereupon Walrond, siding with the Captain, made dis-
covery of Arthur's words, which for a long time he had concealed,
turning informer on that occasion. You will observe that no time
is mentioned in his deposition when the words were spoken ; and
you must pardon me if I have no regard for a person who by his
wickedness is become infamous, for he has been once convicted, and
since then violently suspected of breaking open a chest and robbing
a gentleman of a large sum of money. Lastly, I am accused of
using Colonel Pym and Mr. Palmer as my chief Councillors,
whom he calls Jacobites. I answer that in Arthur's
business, or any other matter relating to the Government, I
always advise with the Councillors appointed me by the
King. Neither Pym nor Palmer were on this Island, nor did
I see either of them from the first to the last of Arthur's affair,
and I really believe that they know nothing of the matter. So far
from using them as Councillors, it is rarely that I see either of
them above once a year ; and if they be Jacobites it is more than
04 COLONIAL PAPERS.
1698.
I know or have reason to believe, for Colonel Pym commanded a
regiment in the late war and by his services has sufficiently demon-
strated his fidelity to the Government, "while Mr. Walrond took
"special care to secure one and the most signal and reasonable effects
"of his loyalty and services upon which he so much values himself
"have been the trouble he now gives your Lordships and myself
"upon this occasion." Mr. Palmer's behaviour has been very
different from that which Walrond has represented it to be, though
he now lies under the King's displeasure and is therefore leaving
this Government.
This is what I have to offer in my defence, which I hope will
sufficiently clear rne from Mr. Walrond' s false and scandalous
aspersions. I shall add nothing by way of recrimination (though I
have matter enough) for his faults can be no justification of mine,
but I would observe that whatever has happened amiss in the pro-
ceedings against Arthur has been through the negligence, first, of
the justices, who should have bound over the witnesses to give
evidence in Court and the informer to prosecute, secondly of_ the
Court, whereof Mr. Walrond himself was a member, for not adjourn-
ing the Court from time to time till the witnesses should be forth-
coming, and thirdly of Mr. Walrond himself who, notwithstanding
the character which he gives of Arthur, always entertained him in
his own house, and treated him with the greatest demonstrations
of friendship imaginable, until Arthur was accused of the words
laid to his charge, which were spoken in Walrond's house and were
not revealed by him for some time after, though he is a justice of the
peace. This is the truth as to my palliating or conniving at Captain
Arthur's villainy. Signed, Chr. Codrington. 2^ closely tcritten
pages. Endorsed, Reed. 20 April. Read 6 May, 1698. [Board of
Trade. Leeward Islands, 5. No. 72 ; and 45. pp. 185-193.]
Feb. 12. 220. Governor Codrington to Council of Trade and Planta-
Nevie. tions. Since my last I have received yours of 27 October, and
. have proclaimed peace accordingly. Yours of 10 November
reached me at the same time, with duplicates of your orders
respecting New Tertholen, as to which I have reported at length.
Since I wrote that report, however, I have learned that your
conjecture of the capture of that Island by the King's forces in
1772 is true, and that it was not surrendered to Sir William
Stapleton to prevent the French from taking it as they set forth.
I enclose a deposition of John Palmer in confirmation of this, also
the original commission and instructions of Sir William Stapleton
to William Burt, father of the present Major William Burt, for
the taking of the island. I have answered Mr. Walrond's
complaint in another letter. Signed, Chr. Codrington. P.S.
Mr. Thomas Duncombe of the Council of Antigua being grown a
very great sot and having by that means made himself scandalous
in spite of my frequent admonitions, I have suspended him. I was
the sooner induced hereto from learning that in his drunken fits he
has spoken disrespectfully of the King's person and Government.
Signed, Chr. Codrington. f p. Endorsed, Reed. 20 April. Read
6 May, 1698. Enclosed,
220. i. Deposition of John Palmer. 4 Feb., 1698. That he
served as an ensign under Colonel William Burt
AMERICA AND WEST INDIES. 10o
1698.
in an expedition sent by Sir William Stapleton to
capture the island of Tertola [or Tertholen] in 1072,
that the fort and island surrendered, and that the fort
was demolished, the cannon carried away and the whole
island laid waste. Saba was also taken. ^ p.
2-20. n. Commission of Sir William Stapleton to Captain
William Burt to command an expedition for the reduc-
tion of Tortola and Saba, 10 June, 1672. Stym-il, W.
Stapleton. Stuck on the commission, Beating orders of
Sir W T illiam Stapleton to Major Burt to raise a hundred
men for the reduction of the Islands aforesaid.
Originals. 1 p.
220. in. Sir William Stapleton's instructions for the expedition
against Tortola aud Saba, 10 June, 1672. Oriyinal.
HPP-
220. iv. Sir William Stapleton's instructions to William Burt
for the administration and settlement of Saba, 26 March,
1677. Original. 1 p. [Board of Trade. Leeward
Islands, 5. Nos. 73, 73 i.-iv. ; and (without enclosures)
45. pp. 194-197.]
Feb. 14. 221. Memorial of Samuel Day to Council of Trade and
Plantations. In my instructions one Gilbert Nelson is nominated
to be of the Council of Bermuda. This person left England on
account of his debts and has no estate in Bermuda, which is
expressly contrary to a general clause in the instructions as to the
qualifications of Councillors. Nelson has also by several irregular
acts made himself very obnoxious to the people, who are very
impatient to have their estates judged by him who has none of his
own. One Outerbridge is also nominated to the Council, though
he too is charged with several irregular acts committed in Bermuda.
I beg, therefore, that these two may be removed and Charles Walker
and Lieutenant-Colonel Anthony White appointed in their place.
These last are of the best estates in Bermuda and were of the
Council until turned out, without any reason given, by Governor
Goddard, contrary to the Royal Instructions. Also John Dudgeon
is nominated Secretary, whom I believe to be quite incapable of
executing the place. I beg you further to consider what stores it
is necessary to send to Bermuda, none having been sent there since
the going of Governor Goddard. Signed, Sam. Day. 1 pp.
Endorsed, Reed. Read 14 Feb., 1697-8. [Board of Trcule.
Bermuda, 3. No. 21 ; and 29. pp. 107-109.]
Feb. 14. 222. William Penn to Council of Trade and Plantations.
"Honoured friends," that I might not be wanting in respect to you
or justice to myself, I think it not amiss to let you know ilmt I
think it hard that Proprietors should give security for Deputi.-.- <>f
the King's approbation, since to me it seems the same thing. \\ V
should be excused, because the King approves or disapproves our
nomination. If we are absolutely appointed, then I think we could
not well refuse the security required. However, if it be thought
fit that security be given even for such as the King approves of. 1
beg that no deputy be approved that will not give the King security
for the right discharge of his place in respect of trade and the
106 COLONIAL PAPERS.
1698.
King's revenue ; since a Proprietor, who may be both absent and
innocent, may be ruined by the carelessness or corruption of a
Deputy. The security aimed at by the Address of the House of
Lords is equally answered by this, so I beg that it may be favourably
considered. Signed, Wm. Penn. Holograph. 1^ pp. Endorsed,
Eecd. Read 14 Feb., 1697-8. [Board of Trade. Proprieties, 2.
No. 11 ; and 25. p. 194.]
[Feb. 14.] 223. Memorial of Lord Cutts and others to Council of Trade
and Plantations. We have asked the royal sanction for the making
of small money (see No. 209) the necessity for which has been
shown by multiplied petitions from the Plantations. Half-pence,
pence and twopenny-pieces are required because they in the
Plantations have no specie besides Spanish money, nor any of a less
denomination than a royal plate, to which these will bear a suitable
proportion of exchange. That Spanish money is not of greater
value (considering the rates it goes at) than what is now proposed
to be coined, the charge of coinage and contingencies being
deducted, so that what is now intended is to answer the necessities
of the Plantations in such manner as will really be to the advantage
of trade. Accordingly a metal is prepared, both white and yellow 7 ,
of such a composition as it not likely to be counterfeited and of
such a value as not to give encouragement to attempt it. Of the
white metal shall be made penny and twopenny pieces, which shall
be of value about three shillings an ounce ; and the half-pence shall
be of the yellow metal, worth at least two shillings an ounce, each
piece bearing suitable proportion to the said value. If any objection
be made to the value of the said coins, it may be answered that the
Spanish money, from which neither the King nor his subjects have
any advantage, is not of a greater value (taken generally) than
what is now proposed ; and if a higher value for the coin should be
insisted on, the King's favour would issue in the patentees' charge
and loss. Besides, there scarcely needs rules in this case, because
it cannot be to the interest of the undertakers to make anything base,
mean or inferior, lest they should be put upon by counterfeit, which
will prove a greater loss to them than to the individuals who might
be cheated thereby. What is now produced is but specimens of the
metal, but as soon as the devices for the coin shall be projected and
approved, and a precept for cutting the dies projected and submitted
to the King's pleasure, it is designed to put this matter into speedy
practice ; and within, at longest, six months each Plantation shall
be supplied in proportion to its demands. Sif/ned, Cutts, H.
Pickering, J. Dudley. 1 pp. Endorsed, Reed. Read 14 Feb.,
1697-8. [Board of Trade. Plantations General, 4. No. 91 ; and 34.
pp. 237-238.]
[Feb. 14.] 224. " Narrative of Mr. Henry Watson, who was taken
"prisoner by the pirates, 15 August, 1696." On 14 August, 1696,
I embarked on board the ship Ruparrel, bound to Bombay, having
freighted on her thirty-five bales of coffee, etc., and other goods on
the Calicut, merchant, which was to sail in her company. On 15
August both ships were taken by a pirate which came out of the
Babs. It was proposed to the Captain of the Ruparrel that she
AMERICA AND \VKST INDIES. 107
1608.
should be redeemed at Aden for 35,000 pieces of eight, and it was
so agreed upon, though I advised to the contrary, because neither
he nor his owners had ever been or had any correspondent- at
Aden ; hence they could not expect the money to be provided and
the Governor would be greatly to blame if he permitted it to come
on board, this being the best way to spoil the trade of the port,
encourage pirates to use these seas, and so to ruin the traffic of
Mocha, Aden, etc. However, the ship was brought to Aden, when
a native merchant and another young merchant-freighter (upon
whose credit the money was apparently to be procured) were sent
ashore, but after staying two days there was no sign of their getting
the money or of their coming off themselves. On the third day the
Captain was sent ashore with some lascars to hasten off the money,
lest the pirates should burn the ships, as they threatened to do.
That night two fires were seen ashore, which were supposed
to be the two boats, and next morning a shot was fired as a signal
that the ship would not be redeemed. Thereupon they fell again
to plundering the ship, which I thought had been effectually done
before. On 22 August about eleven o'clock the ships were set on
fire in sight of the people of Aden, first the Calicut, then the
Ruparrel with the English ensign flying. The lascars were sent
away on floats, and the mate, gunner and myself were carried on
board the pirate-ship, which was a prize taken from the French,
formerly called the St. Paul, but now the John and Rebecca. The
master of the Calicut proposed to them to plunder Congo in Persia,
and they accordingly proceeded on the voyage. On the 22nd
September we arrived at Tompo, called by the pirates Antelope
Island from the great number of antelopes there, from whence they
sent their boats to view Congo ; but learning from two fishing-boats,
captured in the night, that six Portuguese men-of-war were lying
there, they resolved to stay a while in the hope that these might
depart shortly. They careened their ship and killed great quanti-
ties of antelopes, until being weary of that kind of flesh and having
nothing but stinking beef and doughboys (that is dough made into
a lump and boiled) they weighed anchor on 16 October and came
down again to Cape Mussington. There they plundered a small
fishing town and got good store of dates and salt fish, but returning
on the 20th they saw four Dutch ships and fled for fear of them
into Cape Mussington, turning up next day towards the Island
aforesaid. Off Hisnies they took a Frank, that told them of two
great ships, supposed to be English from Europe, at Gambrpon,
which scared them not a little. On the 22nd they arrived
again at Tompo and on the 25th sent boats to view another
island up the Gulf. These had not been long gone before a
boat was seen to come and view the ship, which they suspected
to be a spy from Congo, as she in reality was. That night the
mates and gunners of the Calicut and Ruparrel contrived to
escape in a small boat, which made them think their designs
frustrated. Thereupon they called for me and threatened to make
me fast and beat me, and afterwards turn me on shore naked on a
bare rock, or maroon-key as they called it, without food, wood or
water. I told them that they knew my daily solicitation to them
to be put on shore, that I knew nothing of these men's going or I
108 COLONIAL PAPERS.
161)8.
should certainly have escaped with them. This abated their rigour
and villainous design against me. They would have weighed and
gone away that night but for their unwillingness to leave behind
them their boats and men, which came not back till the 30th.
During my residence with them they were very kind to me in
giving me my clothes again, with leave to sell them. Afterwards
they put it to the vote whether I should bring the money or not,
and at about one o'clock they gave me a boat and ten Arabs, whom,
knowing something of their language, I persuaded to carry me to
Gomron, where the East India Company has a factory. I landed
there at sunrise on 2 November, and found the four escaped men
already there. During my residence with the pirates, whose chief
rendezvous is at an island called St. Mary's near Madagascar, I under-
stood they were supplied with ammunition and all sorts of necessaries
by one Captain Baldridge and Lawrence Johnston, two old pirates
that are settled in the above islands, and are factors for one
Frederick Phillips, who under pretence of trading to Madagascar
for negro slaves, supplies these rogues with all sorts of stores, con-
signing them to Baldridge and Johnston. These two are both of
them married to country women, and many of the others are married
at Madagascar. They have a kind of fortification of seven or eight
guns upon St. Mary's. Their design in marrying the country
women is to ingratiate themselves with the inhabitants, with whom
they go into war against other petty kings. If one Englishman
goes with the Prince with whom he lives to war, he has half the
slaves that are taken for his pains. I have often heard the com-
mander and many of his men say that he took the ship from the
French near the river of Canada, and that they had a commission
from the Governor of New York to take the French. They fitted
their ship from Ehode Island, and the then Governor of New York
knew their designs as also the Governor of Rhode Island. Another
pirate-ship of equal burden was fitted out there at the same time
with this, which Hore commands. The Captain of the other ship
is Richard Glover, brother-in-law to Hore. He also was in the
Gulf of Mocha to leeward of us when I was taken by Hore, and
came on board to see us prisoners and to filch what they could
from our ships, knowing from us that no more ships would come
from Mocha. Glover would have persuaded Hore to return to
Mocha, burn the ships in the port and plunder the town, to which
Hore complied not ; so she remained in the Gulf, and what is
become of her since I know not.
Here follows a list of the men on board the pirate John and
Rebecca, 94 names in all, with a note to say that there were 22 more
Europeans on board, besides blacks. All the names except five or
six are British. Large sheet. Endorsed, Presented to the Board by
himself, 14 Feb., 1697-8. [Board of Trade. Plantations General, 4.
No. 90.]
Feb. 14. 225. Earl of Orford to William Popple. I fear that I cannot
attend the Council of Trade to-morrow at ten o'clock on the business
of pirates, being commanded to attend the King at that hour,
though I have a great desire to wait upon their Lordships when
they fall upon that consideration. I fear also the Lord Chancellor
AMERICA AND WEST INDIES. 109
1608.
is not well enough in his health to be there, and I submit to better
judgments whether his presence may not be of great use in the
matter. If any other business should defer this I shall be punctual
at any summons that you give me- Signed, Orford. Holograph. : ,' y.
Endorsed, Eecd. Bead 14 Feb., 1697-8. [Board of Trade. Plan-
tations General, 4. No. 92.]
Feb. 14. 226- Journal of Council of Trade and Plantations. A letter
from Mr. Blackborue read that one Mr. Watson would attend to
give information as to pirates in the East Indies. Mr. Watson
accordingly attended and handed in a narrative which was read
(No. 224). He also said that he had been physician to the King
of Mocha, and added that the East India Company's measures of
trade were quite overset by pirates. The Secretary reported
that by Lord Bridge water's orders the meeting of the great officers
had been summoned for to-morrow at the Cockpit.
The Secretary also reported that he had this clay received from
the Exchequer 150 in malt-lottery tickets for the incident expenses
of the Board. He was ordered to sell some of them and pay 15
to Mr. Story for the charge of his voyage to New Hampshire.
Sir Henry Pickering and others presented a memorial of Lord
Cutts and others (No. 223). The Council asked to see specimens
of the metal, and directed that the present patentees for farthings
should receive notice of the matter, and offer what they have to
say thereon.
Mr. Day presented a memorial (No. 221). Order for a repre-
sentation to be prepared theron.
Mr. Penn's letter of this day read (Xo. 222).
Order for a representation for the recall of the Engineers sent to
the Colonies.
Order for the Secretary to ascertain the names of the Admiralty
officers appointed in Carolina.
Feb. 15. Lord Privy Seal acquainting the Board that one Mr. Langley
could give information as to pirates in the East Indies, it was
ordered that he be asked to give' in a memorial thereupon. The
Board then proceeded to consider the question further.
Feb. 1(5. Order for Mr. Gilbert Heathcote to be pressed for an answer to
the letters of 3rd and 4th inst. Representation concerning
engineers agreed on.
Feb. 17. The representation of yesterday signed.
Mr. Bridgeman's letter of yesterday read (No. 233).
Mr. Tyrrell attended on his brother's business. The Council
resolved to write to Sir William Beeston in his favour.
Mr. Langley's letter of this day read, also several extracts from
letters to the East India Company (Nos. 234, 235). John Finlinson.a
seaman, sent down by the East India Company, then gave infor-
mation as to the pirate-settlement at Santa Maria and Captain
Baldridge.
Draft circulars were brought up. It was resolved to omit the
clause as to printing the laws.
Feb. 18. Mr. Fullerton attended and gave information as to the pirate
Glover, and as to Mr. Phillips of New York, who upon information
of great wealth to be found at Delagoa, on the main opposite to
Madagascar, sent a ship to look for the place, but could not find it.
110 COLONIAL PAPERS.
1698.
Mr. Heathcote's letter of this day read and order given to the
Secretary for a letter to the Admiralty thereupon. [Board of
Trade. Journal, 10. pp. 424-436.]
Feb. 14. 227. Minutes of Council of Nevis. Letter from the Com-
missioners of the Customs that the Lieutenant-Governor and Naval
Officers of Nevis had not taken the oaths prescribed by the Acts
for regulating the Plantation Trade. Depositions to the fact were
taken, and Lieutenant-Governor Gardner was thereupon suspended.
Feb. 15. Proclamations of the Governor vesting the Government of Nevis
in the Council with William Burt for President.
Feb. 16. William Burt was sworn to the Acts of Trade. [Board oj Trade.
Leeward Islands, 64. pp. 459-464.]
Feb. 15. 228. Minutes of Council of Barbados. The writs for the
Assembly were returned, and the members sworn. Order for a
new commission to be issued appointing judges and assistants for
Oistins Court and Bridge Court. Colonel Maxwell was presented
as Speaker, whereupon the Council told them that they conceived
that they were not a house, Colonel Alleyne not having come to be
sworn, although a member. The Assembly retired and returned to
say that they believed themselves to be a house ; the Council also
stood by their former opinion. The Assembly then said that they
were no house and that the Council might issue new writs ; and
therewith departed. [Board of Trade. Barbados, 65. pp. 279-
280.]
Feb. 15. 229. Journal of Assembly of Barbados. List of the members.
Thomas Maxwell was elected Speaker and presented, when the
Council doubted whether the members could elect a Speaker until
all those returned by the writ were present (see the preceding abstract).
William Rawlin elected Clerk, and William Woodhouse, Marshal.
[Board of Trade. Barbados, 65. pp. 287-288.]
Feb. 15. 230. Minutes of Council of Maryland. Resolved to defer
the meeting of the Assembly till the 8th of March owing to the
severity of the weather. Writ issued to that effect. Order for
enquiry whether any horses have been pressed by the Governor for
the public or his ow r n service without payment made for the same,
and whether the Governor has ever by arbitrary power seized men's
estates, or has ever put the country to unreasonable expense by
building larger churches than necessary or has defrauded the peo-
ple or clergy therein. Order for an enquiry as to maltreatment of
an Indian. [Board of Trade. Maryland, 13. pp. 413-416.]
Feb. 15. 231. Governor Codrington to Council of Trade and Planta-
Nevis. tions. Yesterday the Commissioners of Customs appeared before
me in Council and exhibited the enclosed memorial, informing
against the Lieutenant-Governor for not taking the oaths according
to the Act therein mentioned. The case being proved (see depositions
enclosed) I, with the advice of the Council, suspended the Lieutenant-
Governor pending the signification of the King's pleasure. The
enclosures will show what measures I have taken for the settlement
of the Government. I shall proceed shortly to St, Christophers,
when I shall suspend the Deputy-Governor mentioned in the same
AMERICA AND WEST INDIES. Ill
1698.
information. The Lieutenant-Governor of Nevis alleged that he
had no notice of the Act, and that he took the oath as soon as he
had knowledge of it, which was long after the time appointed ; but
as it plainly appeared that he had notice, I could impute it to
nothing but neglect. Signed, Chr. Codrington. p. Endowd,
Reed. 20 April, Bead 6 May, 1698. Enclosed,
231. i. Deposition of John Perrie, Provost Marshal of the
Leeward Islands. That in October, 1696, he was ordered
by Governor Codrington to remind him to take the
oaths appointed by the late Act for Regulating the
Plantation Trade ; that he reminded him accordingly,
and swore him and John Yeamans at Antigua, and
Colonel Thomas Delavall at Montserrat ; that he pro-
ceeded thence to Nevis and reminded the Council some
months before 25 March, 1697, that Lieutenant-Governor
Gardner must also take the oath, but that, as far as he
remembers, the Lieutenant-Governor did not. Dated,
14 February, 1697. 1 p.
Memorial of James Thynne and William Mead,
Commissioners of Customs in the Leeward Islands, to
Governor Codrington, 11 Feb., 1698. Setting forth that
neither Lieutenant-Governor Gardner of Nevis nor
Deputy-Governor John Macarthur of St. Christophers
have taken the oath prescribed by the late Act for
regulating the Plantation Trade, and that the Naval
Officer of Nevis has also omitted to give the security
required by that Act. f p.
Deposition of James Thynne and William Mead,
14 Feb., 1697. That in July or August, 1696, they
showed Lieutenant - Governor Gardner what was
required of him and of the Naval Officer under the
Act for regulating the Plantation Trade, and that he
answered, after reading the Act, that he hoped he
should not have to take the oath before William Mead.
**
Extract from Minutes of Council of Nevis, 14 February,
1698. Resolved that Lieutenant-Governor Gardner be
suspended for neglect to take the oath within the time
prescribed by the Act for regulating the Plantation
Trade, and that the Council, or any five of them, take
upon them the Government, under the Presidency of
William Burt. 1 p. Copies. [Board of Trade. Leeward
Islands, 5. Nos. 74, 74 1. ; and (without enclosure), 45.
pp. 199-200.]
Feb. 15. 232. William Popple to Francis Parry. I am to inform you,
Essex street. ag one concerne( j i n the patent for making half-pence and farthings,
that a proposal for coining small money from an artificial metal
has been referred to our consideration, in order that you may draw
up and offer what you may think fit upon the subject. To avoid
any mistake the Council of Trade desires also a copy of your
patent. [Board of Trade. Plantations General, 84. pp. 289-
240.]
112 COLONIAL PAPERS.
1698.
Feb. 16. 233. William Bridgeman to William Popple. Forwarding a
Admiralty list of the officers appointed in the Courts of Admiralty in North
ce - and South Carolina. Signed, Wm. Bridgeman. J p. Endorsed,
Eecd. Read 17 Feb., 1697-8. Enclosed,
233. i. List of officers of the Admiralty Courts. Virginia and
North Carolina. Edward Hill, Judge ; Miles Gary,
Register; Michael Sherman, Marshal; Edward Chilton,
Advocate. South Carolina. Joseph Morton, Judge ;
Thomas Carey, Register ; Richard Pollinger, Marshal ;
Jonathan Armorey, Advocate.
An order has been given for the preparation of
Letters Patent empowering the Governors of those
places for the time being to appoint officers when
vacancies occur. p. [Board of Trade. Proprieties, 2.
Nos. 12, 12 1. ; and 25. p. 195.]
Feb. 17. 234. Jonathan Langley to William Popple. I have kept
home this fortnight of a very severe cold, and am still so ill that I
keep my bed, and cannot without hazard stir out while the weather
continues so severe. Pray excuse me to the Council of Trade. I
send herewith what has come to my knowledge in the matter you
wrote to me about. Signed, Jonathan Langley. J p. Endorsed,
Reed. Read 17 Feb., 1697-8. Enclosed,
234. i. Jonathan Langley to Council of Trade and
Plantations. I can give you no information as to the
pirates in the East Indies from my own knowledge, but
what I have received from the information of others is
as follows. About a year-and-a-half ago a sloop
arrived at Barbados, the master whereof applied to me
on behalf of about twenty men who some years ago
had committed piracies in the East Indian Ocean
between the mouth of the Red Sea and the Island of
Borneo. They are very desirous that application may
be made to the King for the royal pardon, that they
may return to their allegiance and to England with
their goods, which are very considerable. They hope
the more from the royal clemency since they have
never offended in any of the seas belonging to the
Crown of England, nor against any of the subjects of
England, nor any in confederacy or alliance with the
King. p. [Board of Trade. Plantations General, 4.
Nos. 93, 93 1.]
[Feb. 17.] 235. Extracts from letters received by the East India
Company. Letter from Fort St. George, 19 January, 1696-7.
Every letter from the coast of India brings fresh advices of pirates
appearing in one part or another, and committing robberies
against all nations without distinction. One appearing at Calicut,
took and burned several ships in the road, and brought the
factory in danger of being cut off by the country people, because
they were supposed to be English ; and indeed it seems probable
that most of them are English and come from New York. The
Mocha frigate in August last went and lay among the Mergen
AMERICA AND WEST INDIES. 118
1698.
Islands near the harbour, where the Governor gave them enter-
tainment ; and though the masters of the English ships, who
fell in there by contrary winds, warned them that they were pirates
and offered their assistance in surprising them, yet they would not,
probably from fear of some of the King's ships there expected, lest
the pirates should seize them, as they did one at their departure in
October which came from the coast. The pirates took out fourteen
bales of paintings and wrote the Government that they had done it
by way of reprisal, because they had refused to give up to them two
of their men who ran away with 4,000 dollars, out of which they
might satisfy themselves for the bales. Mr. John Wallis, master of
a country-ship then at Mergen, gave a particular account of these
passages, as also an account that near the Nicobar Islands Coliver
the master, the quarter-master and the boatswain of the Josiah
ketch, came off to him in a canoe. The boatswain died, but the
other two he kept bound on the ship till the pirates on the Mocha
frigate threatened in Mergen Harbour to release them. He therefore
sent them into the country, from whence they made their escape to
the Mocha's long-boat, and "20 got aboard. Some of the Mocha's
men had in discourse declared their design to lie off Acheen for
some time and then proceed for the coast of India and the Gulf of
Persia ; . Guillam, an old pirate, is one of the Mocha's gang and
goes by the name of Marshall. Their lying off the head of Acheen
may probably be the advice of Coliver, who in this road gained the
account of our China Manilla ships.
These villains having begun with the murder of the commander
and the seizing of one of your ships will doubtless go on in making
a prey of any ship they can meet with and master, without distinc-
tion, whereby not only the country- shipping, but your Honours'
best ships, when single, will be in hazarcl of being taken by them
when joined in a fleet. For there is now an account of at least
seven pirates, a number not easily subdued, and capable of doing
irreparable mischief to the trade of India if not quelled, as well by
taking ships at sea as by offering such injuries to the natives of
India as may expose our factories to ruin. And the mischief falls
heavier on the English than on any other European nation, because
the pirate-ships pass under the name and colours of the English,
and it is known that there are many English aboard them. So
that whereas the English nation has been generally respected in all
parts of India, they will now lie under the character of pirates and
robbers, and our soldiers in garrison and our seamen in country
and Europe ships will be allured by the pirates' success to run to
them, as several stragglers have already done. Were it not for the
restrictive power in India the pirates' numbers had doubtless been
much more increased.
Letter from Bombay, 11 April, 1697. Very lately we received
advices from the Malabar Coast that the pirates have taken a
Portuguese China ship and plundered her to a great amount, also
that they have taken the Diamond, a ship in the English service,
and sunk her because the captain resisted.
Letter from Bombay, 28 April, 1697. We hear from Calicut,
under date 25 March, that the Mocha frigate and another pirate had
sunk the Satisfaction, a ship of 500 tons belonging to some English,
422(5 H
114
COLONIAL PAPERS.
1698.
Feb. 17.
Whitehall.
Feb. 17.
Kensington.
Feb. 17.
Kensington.
off Zecloon (? Ceylon) laden from Bengal and bound to these parts.
They kept the master and mate prisoners, and had killed four or
five of their men in the fight. It is said that they sunk this ship
for her rigging. They also sunk another and plundered a third, but
what we wrote of the Diamond in our last letter was a mistake.
The Dutch master of the plundered ship says that the Mocha frigate
has now 125 English, Dutch and French; and when she was taken
from the Captain the officers and others came away in the boat to
the number of sixteen. She had not above three or five and thirty
Europeans on board her at most. So alluring is the gain of piracy ;
and what it will amount to in a little time, if care be not taken to
suppress these villains, God knows, nor what place they will seize or
fortify to make their rendezvous. It is certain that these villains
frequently say that they carry their unjust gains to New York,
where they are permitted egress and regress without control, spend-
ing such coin there, in the usual lavish manner of such persons, as
might sufficiently convince the Government that they came not well
by it ; and they stick not to report also that by picastres to the
Governor they pass without being molested. %% large 2U>. Endorsed,
Presented to the Board by the Under Secretary of the Company.
Reed. Read 17 Feb., 1697-8. [Board oj Trade. Plantations
General, 4. No. 94.]
236. Council of Trade and Plantations to the King. In
reply to the memorial of the Board of Ordnance referred to us by
Order in Council of 18th ult. (No. 174), we think that considering
how long it is since the Engineers specified in the list have been sent
thither, and how much longer it will probably be before they can
have notice to come away, we see no reason to doubt but they will
before that tiifce have despatched the business upon which each of
them was sent, especially since there is less occasion for the same
since the conclusion of peace, and we therefore see no reason why
they should not be recalled. Signed, J. Bridgewater, Ph. Meadows,
Wm. Blathwayt, John Pollexfen, Abr. Hill. [Hoard of Trade.
Plantations General, 34. p. 241.]
237. Order of the King in Council. That in accordance
with the representation of the Council of Trade (see preceding
abstract) the Earl of Romney be directed to recall the Engineers
at present employed in the Plantations, by the first opportunity.
Signed, John Nicholas, f p. Endorsed, Reed. 22 ; Read 23 Feb.,
1697-8. [Board of Trade. Plantations General, 4. No. 95; and
34. pp. 243-244.]
238. Order of the King in Council. That the Governors of
the Plantations in America do take exact care that the several
Acts, made for increasing the number of white men in their
respective Governments, be effectually put in execution, and that
they use their best endeavours with their General Assemblies to
amend those Acts where they are in any measure defective ; the
Council of Trade to signify the royal pleasure to the Governors
accordingly. Signed, John Nicholas, f p. Endorsed, Reed. 22nd,
Read 23rd Feb./ 1697-8. [Board oj Trade. Plantations General, 4.
No. 96 ; and 34. pp. 242-243.]
AMERICA AND WEST INDIES.
115
239. Order of the King in Council. Referring a letter from
the Commissioners of Ordnance respecting the officers of the train
in Newfoundland to Council of Trade and Plantations for report.
Signed, John Nicholas. % p. Endorsed, Reed. 22, Read 23 Feb.,
1697-8. Annexed,
239. i. Commissioners of Ordnance to the Earl of Romney,
1 February, 1697-8. We enclose a list of the officers
and attendants of the train of artillery who were left at
Newfoundland by Colonel Gibsone for the winter, with
an account of their pay per diem. You will see thereby
that a considerable charge lies on this office for the same,
which we hope may be taken off, especially as formerly
such expense always lay on the respective Plantations.
We submit that the King's orders should be taken as to
their being remanded home. Signed, C. Musgrave, Jos.
Charleton, Ja. Lowther, Wm. Boulter. Copy. $ p.
239. n. List of the officers and attendants of the train left at
Newfoundland. Five officers, twenty-five bombardiers,
gunners and artificers. Daily charge for their pay,
4 11s. Qd. Annual charge, 1,669 17*. Gd. 1 pp.
[Board of Trade. Newfoundland, 3. Nos. 94, 94 i., n. ;
and 25. pp. 174-177.]
240. Gilbert Heathcote to William Popple. After all enquiry
I can find no account of what free negroes the French may have
carried off from Jamaica. I shall write to Jamaica itself for the
information. I have no particular instructions about Sir James
Castillo's Act. He only asks me to take care of it and return it to
Jamaica as soon as confirmed. He did the island a very eminent
service during the French invasion. I cannot tell what to say as
to reserving the King's right, but I believe that the Act was passed
in gratification for his good service in the defence of Jamaica. I
hope all the laws will speedily be printed, and I shall then wait
upon you with the book. Signed, Gilbert Heathcote. I p. Endorsed,
Reed. Read 18 Feb., 1697-8. [Board of Trade. Jamaica, 8. No. 84.]
241. William Popple to the Secretaries of the Admiralty.
The Agents for Jamaica are unable to give any account of the
number of free negroes carried from that island by the French ;
but I enclose extract from a letter from Sir William Beeston of
12 February, 1694, which gives an account of the whole number of
negroes taken away, without distinction of free and unfree, which
is all the information that I can give. [Board of Trade. Jamaica, 56.
p. 176.]
242. Francis Parry to William Popple. I enclose copy of
the grant for making copper half-pence and farthings, and that we
may be the better enabled to draw up and offer anything to the
Council of Trade for supplying the Plantations with small money,
I beg you to give me a copy of the proposal, already referred to, for
coining small money of an artificial and mixed metal. Signed, Fran.
Parry. | p. Endorsed, Reed. Read 22 Feb., 1697-8. Enclosed,
242." i. Abstract of Sir Jos. Herne and Partners' Patent for
making copper farthings and half-pence. (1) The
Patentees' proposition. Sole privilege for seven years
116 COLONIAL PAPERS.
1698.
beginning at Midsummer, 1694. To make sufficient
quantity not exceeding 700 tons of copper. To change
all old tin farthings, &c., and to pay charge of a con-
troller, to be appointed by the King. (2) Grant sole
privilege as proposed. The money to be coined in the
Tower and made of fine English copper. lib. of
copper avoirdupois not to make more farthings than
amount to 21rf. in tale. (3) The Tower may find leave to
coin elsewhere, if convenient. Liberty to utter and vend
such farthings in England, Wales and the Plantations.
Figure and inscription. The coins to pass in places
aforesaid to such as will receive them voluntarily and
not otherwise. (4) Coinage or uttering of such coins by
other persons to be forbidden during said term under
penalties. Power to be given to search ships, houses,
&c., for counterfeits, and (5) to seize such counterfeits,
tools, &c., without giving account thereof. The
Patentees to pay 200 per annum to a controller
appointed by the King. They covenant to deliver
sufficient quantities of copper to the Master of the Mint
from time to time. (6) Standard of the fineness of
the copper to be so delivered and kept. The metal to
be delivered cut into pieces fit for stamping ; to be then
coined by direction of the Master of the Mint and re-
delivered to the Patentees, who are to pay the charge at
5d. per Ib. weight, or, (7) if the pieces be delivered fit
for stamping, at 2rL per Ib. weight. If the Mint-
master fail in his agreement, the Treasury may appoint
others. No persons to be employed except by appoint-
ment of the Treasury. (8) All profit to go to the
Patentees without account. They undertake to make
sufficient to change the old tin farthings, to supply
England, "Wales, and the Colonies with limitation of
quantity and term of years as aforesaid, to take no
greater price than the coins are coined for, and to keep
a public office in a convenient place. (9) They covenant
to change tin farthings not exceeding 200 a week and
melt them down. They submit their management to
inspection of any persons appointed by the King. They
are to have the use of the King's tools, also formerly
employed in making tin farthings. (10) Upon perform-
ance of these conditions, they are to enjoy their
privileges aforesaid without molestation. 1 pp.
242. n. Full text of the agreement abstracted above, dated
27 June, 1694. 9 large pages. [Board of Trade.
Plantations General, 4. No. 97, 97i.,n.]
Feb. 18. 243. Lieutenant-Governor, Council and Assembly of Mont-
Montserrat. serrat to Council of Trade and Plantations. We are informed that
a complaint has been exhibited by one Mr. Walrond and other
inhabitants of Antigua against Governor Codrington, and having
well considered thereof declare and believe the same to be false,
scandalous, and the effects of malice and ill-will. We are sensible
AMERICA AND WEST INDIES. 117
1698.
of no irregularities on Governor Codrington's part with any design
to prejudice the people. It is also our firm belief that he is no
Jacobite nor countenancer of such, but, on the contrary, has since
the Revolution behaved himself as a true Protestant and with hearty
zeal for King William. On all expeditions against the French he
has shown extraordinary forwardness, as witness his retaking of St.
Christophers and his serving as a volunteer in the expedition to
Martinique, which island had assuredly been taken, had the com-
mand been vested in him. Nor have we reason to believe him a
covetous person, since during the time of his government he has
governed us gratis, and as to the accusation against him of breach
of the Acts of Trade, we know not how it can be supported, for he
has been very diligent in prosecuting them that act contrary to
those Acts. As to his maintaining many vessels, we are of opinion
that it has been of great advantage to these islands, since in time
of danger they have been very useful as scouts. As to his keeping
evil councillors, we are strangers to the matter, but we affirm that
the men employed by him did good service in these islands, for
their advice had so great a relish of integrity and well wishes
towards the present Government that, joined to the Governor's
courage, we believe it to have been in great measure instrumental
to our preservation from ruin. We wish in gratitude to give of our
own free will this unbiassed testimony of Governor Codrington's
mild and upright government. Signed, T. Delavall, Edw. Buns-
combe, Speaker, and by twelve more. 1J pp. Endorsed, Reed. April,
Read 6 Ma;y, 1698. [Board of Trade. Leeward Islands, 5. \\'o.
75; and 45. pp. 182-184.]
Feb. 21. 244. Minutes of Council of Maryland. Draft writ of pro-
rogation for the Assembly submitted to the law-officers. William
Bladen appointed clerk to the Delegates.
Feb. 22. The Attorney-General suggested amendments of the writ of
prorogation, which were approved.
Feb. 23. The case of two suspicious vessels was considered, but all was
found to have been legally done.
Feb. 24. Thomas Tench, Henry Denton and Thomas Hutchins were sworn
Judge, Registrar and Marshal of the Vice-Admiralty Court of the
Western shore. Edward Price produced his commission as a
Surveyor of Customs and was sworn. [Board of Trade. Mary-
land, 13. pp. 416-417.]
Feb. 22. 245. Minutes of Council of Barbados. Order for five addi-
tional men to be furnished to Captain Reeves. Minute recording
that the President and Mr. George Andrews are willing to advance
the money required for H.M. ships Newcastle and Bideford from
their private purses, and desire the Council to write to the Com-
missioners of the Navy to order punctual payment of the bills upon
which the money is advanced. Order for twenty-eight men to be
supplied to H.M.S. Deptford. Sundry accounts passed. Order for
a present of fresh provisions to the value of 50 to be made to
Lord Bellomont for his voyage. [Board of Trade. Barbados, 65.
j>p. 280-282.]
118
COLONIAL PAPERS.
1698.
Feb. 22.
Feb. 23.
Feb. 25.
Feb. 26.
Feb. 23.
Feb. 23.
Cockpit.
Feb. 23.
Cockpit.
Feb. 23.
Cockpit.
Feb. 23.
Cockpit.
246. Journal of Council of Trade and Plantations. Draft
letters to the whole of the Plantations in accordance with the reso-
lutions of 9th inst. agreed upon, and directions given to the
Secretary for others.
Mr. Parry's letter of 18th inst. read (No. 242), and a copy of
the document which he desired given to him.
The letters agreed upon yesterday were signed.
One order of Council of 3rd inst. as to Governor Russell's present,
and three of 17th inst. (Nos. 237-239) received. Order thereupon
for letters to be prepared as to the militia of the Colonies, and for
Colonel Gibsone to attend on the business of Newfoundland.
Abstract of the patent for making farthings read.
Captain Andrews attended upon the business of pirates in the
East Indies, giving information as to their habits and as to the
strength of the expedition necessary to suppress them.
The Council met at the Cockpit, the Lord Privy Seal, Mr.
Secretary Vernon and Lord Orford being present. " The business of
the pirates in the East was discussed, and a representation prepared
and signed, of this day's date (No. 265). [Board of Trade. Journal,
10. pp. 437-445.]
247. Council of Trade and Plantations to Governor the
Earl of Bellomont. Forwarding the King's proclamation forbidding
his subjects from taking service with foreign princes. Signed, J.
Bridgewater, Ph. Meadows, Win. Blathwayt, Jno. Pollexfen, Abr. Hill.
The same was written to the Governor of New Hampshire.
[Board of Trade. New England, 36. p. 349.]
248. Council of Trade and Plantations to the President and
Council of Barbados. Forwarding copies of the King's proclama-
tion forbidding his subjects to take service with foreign princes,
and directing that the King's pleasure therein be observed and
transgressors thereof punished. Sif/ned, J. Bridgewater, Ph.
Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. [Board of
Trade. Barbados, 44. p. 138.]
249. William Popple to the President and Council of
Barbados. Forwarding a ream of paper with instructions as to the
future conduct of correspondence. [Board of Trade. Barbados, 44.
pp. 139-140.]
250. Council of Trade and Plantations to Governor Nicholson.
We send you a copy of the opinion of the Law Officers (see
No. 72) upon your doubts as to prosecutions for breaches of
the Acts of Trade. The laws of Maryland still lie as when we last
wrote to you, but we hope the suspense will not last much longer.
An Agent or Agents would be very useful for promoting expedition
therein. We send you the King's proclamation of 28 January,
forbidding his subjects to enter the service of foreign princes.
Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Abr. Hill. [Board oj Trade. Maryland, 9. pp. 174-175.]
251. William Popple to Governor Nicholson. I send a ream
of paper, which is selected as proper for the uses intimated to you
in the Council's letter of 2 September. [Board oj Trade. Mary-
land, 9. p. 176.]
AMERICA AND WEST INDIES. 119
1698.
Feb. 23. 252. Council of Trade and Plantations to Governor the Earl
of Bellomont. We send you the King's proclamation of 28th ult.
prohibiting English subjects from taking service with foreign
princes, also copy of a letter which has been addressed to Rhode
Island and Connecticut. If either of these Colonies makes any
difficulties as to what is required of them, you will report it
together with your opinion as to the means of removing those
difficulties. We recommend the appointment of an Agent for
New York to reside in London. Since your departure the claim of
East Jersey for privilege of ports has been disallowed, and we send
you copy of the Order in Council which has been issued thereupon.
We need hardly recall to you the great importance of the production
of naval stores in the Colonies and of giving us full information
as to the same. Signed, 3. Bridgewater, Ph. Meadows, Wm.
Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of Trade. New
York, 52. pp. 299-301.]
Feb. 23. 253. William Popple to Governor the Earl of Bellomont.
Desiring him to send copies of such laws of Massachusetts and New
York as have been printed. [Board of Trade. New York, 52.
p. 302.]
Feb. 23. 254. Council of Trade and Plantations to the Proprietors of
Whitehall. Carolina and the Bahamas and to the Governors and Companies of
Connecticut and Rhode Island. Forwarding the proclamation for-
bidding British subjects to take service with foreign princes.
Connecticut and Rhode Island are also instructed to send copies
of their Acts and Laws. [Board of Trade. Proprieties, 25.
pp. 196-197.]
Feb. 23. 255. William Popple to the Governor and Company of
Cockpit. Rhode Island. Your address to the King, undated, was referred by
him to the Council of Trade, to whom you may address all further
communications. [Board of Trade. Proprieties, 25. p. 198.]
Feb. 23. 256. Council of Trade and Plantations to Governor Sir
Cockpit. William Beeston. We send you a royal proclamation forbidding
English subjects to enter the service of foreign princes, which you
will cause to be published. Your letters of 12 June to Mr.
Blathwayt and of 15 July and 11 September to us have been
received. The agents will no doubt have informed you as to
Colonel Beckford's dormant commission and as to the passing of
two private Acts of Jamaica. The remaining Acts shall be laid
before the King shortly. We have laid before the Treasury your
report that you had devoted 1,000 of the soldiers' subsistence
money to the victualling of the King's ships. No doubt tfiey have
given the necessary directions thereupon. We so well approve- of
your suggestion in your letter of 27 January that we have directed
Governor Codrington to send you intelligence from Windward on
all extraordinary occasions. Your apprehensions of the dissatisfac-
tion of Admiral' NYvill's captains was not groundless, for several
complaints have been made by them. We, however, being entirely
satisfied in that matter wrote our opinion, to Mr. Secretary Yernon,
since which we have heard no more of it. Copy of the letter is en-
cloeed to give you your satisfaction. We send you also copy of a
COLONIAL PAPEES.
1698.
Feb. 23.
Cockpit.
Feb. 23.
Cockpit.
Feb. 23.
Cockpit.
Feb. 23.
Cockpit.
Feb. 23.
Feb. 23.
petition from Captain Usher Tyrrell. We have not thought fit to
advise the King to recommend the matter to the General Assembly
of Jamaica, but if, by your mediation or their own inclination, the
Assembly be ready to meet his wishes we shall be ready to advise
the King to confirm the Act. Sifpied, J. Bridgewater, Ph. Meadows.
Wm. Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade.
Jamaica, 56. pp. 177-179.]
257. William Popple to Governor Sir William Beeston.
Sending him a ream of ruled paper, together with certain rules for
the future conduct of correspondence. [Board oj f Trade. Jamaica,
56. ^j. 179-181].
258. Council of Trade and Plantations to Governor Codring-
ton. We have received yours of 5 July, 27 September and 22
October last. Pending further orders as to Tortola you will con-
tinue to observe the King's instructions of 5 December, 1694, and
suffer no foreigners to settle on any of the Virgin Islands which
they do not lawfully possess. We send you the King's proclamation
forbidding his subjects to enter the service of foreign princes. Sir
William Beeston complains of the want of intelligence from
Windward at Jamaica and offers to pay the expense of a sloop sent
express with news. Though there is now less occasion for this in
view of the peace, we do not omit to signify it to you. We enclose
an affidavit on behalf of one Benjamin Burnet for your enquiry and
directions therein. Signed, J. Bridgewater, Ph. Meadows, Wm.
Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade. Leeward
Islands. 45. pp. 168-170.]
259. Council of Trade and Plantations to Governor Sir
Edmund Andros. Since our letter to you of 2 September we have
received yours of 1 July. We send you the King's proclamation of
28th January last, prohibiting his subjects from entering the
service of foreign princes, which you will publish, taking all care
that in you lies to enforce the same. There is a useful practice
in many Colonies to keep an Agent resident in England, and
we suggest that there should be one for Virginia. Signed, J.
Bridgewater, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr.
Hill. [Board of Trade. Virginia, 37. #p. 198-199.]
260. William Popple to Sir Edmund Andros. I send a ream
of paper ruled in the form which the Council think proper for the
uses mentioned in their letter of 2 September last, and especially
for the journals of public proceedings. When this is done you will
take care that other paper of the same form be provided. [Board
of Trade. Virginia, 37. pp. 199-200.]
261. Minutes of Council of Maryland in Assembly. Eleven
delegates appeared, who were sworn, after which the writ of
prorogation to the 8th of March was read. [Board of Trade.
Maryland, 14. pp. 235-237.]
262. Minutes of Council of Massachusetts. Orders for
payment of 179 to Caleb Ray for keeping French prisoners, and
of 8 smart-money to Abraham Foster.
AMERICA AND WEST INDIES. 121
1698.
Feb. 24. Orders for proclamations for the dissolution of the Assembly and
for a general fast ; also for payment of 5 to two constables of
Boston for impressing seamen. The Lieutenant-Governor reported
that he had received an order from Whitehall admitting Jahleel
Brenton, and the officers of Customs in future, to appeal from the
Courts of the Colony to the King in Council.
Feb. 25. Information being given of murders by the Indians near Andover,
orders were given to raise a hundred men in the adjacent towns to
pursue the enemy. [Board of Trade. New England, 49. pp. 140-
143.]
Feb. 25. 263. Minutes of Council of Jamaica. Order for a payment
for the importation of a tradesman from England. Proclamation
calling upon the inhabitants to provide themselves with white
servants according to the Act, under the penalties prescribed by
that Act. [Board of Trade. Jamaica, 79. pp. 77-79.]
Feb. 25. 264. Minutes of Council and Assembly of Antigua. On the
proposal of the Assembly a joint committee was appointed to
consider of the business to be laid before the General Council and
Assembly. The Assembly also asked for a joint committee to
prepare two amending Acts. [Board of Trade. Leeward
Islands, 64. pp. 248-250.]
Feb. 26. 265. Council of Trade and Plantations to Mr. Secretary
Vernon. Forwarding a report concerning pirates in the West
Indies, to be laid before the King. Hiyned, J. Bridgewater, Ph.
Meadows, Wm. Blathwayt, John Pollexfeii, Abr. Hill. Annexed,
265. i. Council of Trade and Plantations to the King. By
further information that we have received it is evident
to us that the pirates in the East Indies do resort to
St. Mary near Madagascar, where they are supplied by
one Baldridge (who has made himself the head of a
disorderly rabble of Europeans and natives) with pro-
visions and other necessaries sent thither by your
Colonies in America. We can have no certainty of the
number or strength of the pirates settled on the island,
but the evidence before us tends to show that they
daily increase. We therefore repeat our former recom-
mendation to send a squadron of three ships to those
parts (sec No. 173), but since this undertaking will
redound chiefly to the advantage of the East India
Company (as by lessening the charge for convoying the
Mogul's ships from port to port) we think that they may
reasonably be expected to contribute one half of the
cost of the expedition. Again, the chief support of these
pirates lies in your Colonies, and particularly in those
under Proprieties and Chartered Governments. The
Proprietors have not yet presented their Governors and
Deputy Governors to you for approbation, according to
the late Act of Parliament, nor given security for them
according to your order made in pursuance of the address
from the House of Lords. If the said Proprieties and
Chartered Governments do not speedily comply with
COLONIAL PAPERS.
1698.
what is required of them, as abovesaid, we see no means
to prevent the continuance of this mischief without
calling in the further assistance of Parliament. Signed,
J. Bridge water, Ph. Meadows, Wm. Blathwayt, John
Pollexfen, Abr. Hill. [Board of Trade. Plantations
General, 34. pp. 245-249.]
Feb. 26. 266. "Abstract of papers relating to piracy in the East
Indies." This is a brief summary of the Council of Trade's
representation of 9 December, 1697, Secretary Vernon's letter of 21
December, 1697, with its enclosures, the request of the East India
Company when they attended the Council on 4 January, 1698
(Xo. 150), Captain Warren's information given to the Council on 10
January, the Council's additional representation of 13 January, the
further information given by the East India Company on 1 February,
Henry Watson's narrative of 14 February, the information given
by John Finlinson to the Council at its meeting of 17 February,
Jonathan Langley's written information of the same date, the
information given by Mr. Fullerton to the Council at its meeting
of 18 February, and the recommendations made to the Council by
Captain Andrews at its meeting of 25 February. 4 pp. Endorsed,
26 Feb., 1697-8. [Board of Trade. Plantations General, 4.
No. 98.]
Feb. 28. 267. Mr. Secretary Vernon to Council of Trade and Planta-
Whitehall. tions. On your representation of 26th hist., the King has ordered
the Admiralty to appoint two fourth-rates and a sixth-rate to be
sent to the East Indies for the suppression of the pirates in those
seas, either by force or by bringing them to submission upon terms
of pardon and mercy. The King desires you to consider what
those terms should be, and how those who shall so submit them-
selves shall be disposed of and what instructions shall be given to
the Commander of the squadron for performing his service in the
most effectual manner. The King approves of the recommendation
formerly made by you for the enactment of the Jamaica Act
against pirates in the other Colonies, and desires that the Governors
may be instructed accordingly. Siqncd,3a. Vernon. ~L\pp. Endorsed,
Reed. 1st, Read 2nd March, 1697-8. [Board of Trade. Planta-
tions General, 4, No. 99 ; and 34. pp. 248-249.]
Feb. 28. 268. Journal of Council of Trade and Plantations. Order
for a representation on the late petition of the East India Company.
March 2. Mr. Jeffrey Jeffreys gave information that he had received com-
plaints against Lieutenant-Governor Delavall of Montserrat of
permitting illegal trade with foreigners. He would not give the
name of his informant, and was therefore required to enquire if
further evidence could be produced.
Mr. Secretary Vernon's letter of 28th ult. was read, concerning
pirates (No. 267). Order for letters to be prepared to the East
India Company and to the various Plantations thereupon.
March 4. Mr. Thornburgh's letter of yesterday read (Xo. 274), and another
letter ordered to be written to him as to the laws of Carolina.
Mr. Parry's letter of this day read (A T o. 276).
Abstract of an anonymous letter about the Leeward Islands read
(No. 275). [Board of Trade. Journal, 10. pp. 445-450.]
AMERICA ANJ) WEST INDIES. 123
1698.
March 1. 269. Governor Sir William Beeston to Council of Trade and
Jamaica. Plantations. I have already reported to you the proclamation of
peace here on 11 December; nevertheless one Kelly, an English
subject who has forsaken his allegiance, having no intelligence of the
peace from Petit Guavos has done much mischief on the coast and
several poor people. On this I sent the Chatham to Mons. Ducasse
to demand restitution. They had not yet received orders as to
peace, but believed it, and restored several things with seeming
respect ; but Kelly had not returned to his port and I fear will
turn pirate. They have promised to send him to me if he returns,
and if he is sent to me he shall have his deserts. He has since
met the Foresight's pinnace, which he impudently plundered,
though he returned the boat and men. I fear many of the French
privateers will turn pirates, being a parcel of lazy fellows that will
not work and are used to that trade. We much want a small
frigate, a fifth or sixth rate, that sails well, to follow them. She
would be more useful and much less charge than a fifty-gun ship.
I find that Admiral Nevill and some of his captains would excuse
their own errors by throwing them on me. Having some notice of
it I have already written my justification to you and Mr. Blathwayt.
I did them all the justice that lay in my power, and had no intelli-
gence of such a fleet designed this way until they arrived, which I
could not divine, though we did hope that help would be sent to us
in such danger as we lay under owing to Mons. Pointis. It is very
easy for people to complain when no one is there to answer, but
I rely on you to hear me before condemning me, and then I doubt
not to prove my innocence. This country is in very good health
and in all things very quiet. Ships, provisions and other neces-
saries arrive daily, so that I hope by degrees it will begin again to
flourish and recover itself from the mean condition to which it was
reduced by the war. Signed, Wm. Beeston. Holograph. l\ pp.
Endorsed, Reed. 30 April," Eead 3 May, 1698. [Hoard of Trade.
Jamaica, 8. Xo. 85 ; and 56. pp. 193-194.]
March 1. 270. Minutes of Council of Barbados. The sailing orders
for Captain Reeves of the Newcastle and Samuel Martin of the
Bideford, for England, were signed. [Board of Trade. Barbados,
65. p. 343.]
March 1. 271. Journal of Assembly of Barbados. Rules of the House
considered and confirmed. The Clerk's salary fixed at 150, and
the Marshal's at i'25 a year. Adjourned to 12 April. [Board <>j
Trade. Barbados, 65. pp. 288-289.]
March 2. 272. President and Council of Barbados to Council of Trade
Barbados. anu Plantations. It is the happiness of this Island (and of the
rest of the American Colonies) that the King has placed it under
your care. This island perhaps is the most important of all both
for the value of its productions, its great employment of shipping,
its great expense of English manufactures, and its happy
situation, which renders it the key of America and the centre of
trade. But this long unhappy war and the grievous mortality that
has assaulted us have wrought a great change. Many of our
families are dead, others reduced to great poverty, large tracts of
I COLONIAL PAPERS.
1698.
land waste and nnmanured which formerly made great production,
and many plantations, which were as fee-farm-rents to the Crown,
utterly ruined. We now hope, however, that we may be restored
to our former condition, to which end we would recommend the
following proposals to your favour. (1) That we may be supplied
with great numbers of negroes upon easy terms, since
each one of them works as well for the Prince as for the
proprietor. But this cannot be expected if the great African
Trade be incorporated into a Company, which we understand
is much endeavoured, for there we must buy only of their factors
and at their prices, which of late years have been unsupportable.
(2) That we may be supplied with a sufficient number of white
servants, from whom will accrue both the profit and the security of
the island. (3) That the 4^ per cent, duty be applied to the purposes
for which it was raised, for our poverty is so great that we can raise
no more taxes. (4) That the additional duties on sugar be taken
off, otherwise the making of that commodity will not answer the
charge nor afford a livelihood to the planter. We could recount
many other matters, but these are all that we would urge upon your
consideration at present. We forward the journals of Council and
the laws passed during the past six months. We cannot send the
accounts of the Treasury, the settlement of which has been retarded
by the recent death of the Treasurer. We shall, however, transmit
them as soon as they are perfected, that you may see at what charge
we are for the support and preservation of the island. We send
also the state of our magazine. Our stock of powder shall never
again be so low as we found it to be some time since, when the loss
of the island might have ensued. Many of these stores are of our own
purchase, and the quantity had been far greater but for the inter-
ception of the unhappy fleet by the French last year. We shall
with the utmost care observe the King's commands as to the Acts
of Trade and as to pirates. W'e send a list of the present Council,
adhering to our former list of persons qualified to fill vacancies
therein. We propose very soon to call a Council of War to consult
with Captain Talbot Edwards as to the new works necessary for
defence of the island, which we shall then recommend to the
Assembly ; but we think it our duty to say that the late war and
the additional duties have so thinned and impoverished the island
that it will be difficult to raise money for the purpose. Signed,
Fran. Bond, Prest., Geo. Andrew, Jno. Bromley, Geo. Lillington,
Michael Terrill. 2 pp. Inscribed -with a short abstract. Endorsed,
Reed. 12th, Read 13th May, 1698. Enclosed,
272. i. Names of the Council of Barbados, 3 March, 1697-8.
Francis Bond, John Gibbes, John Farmer, Geo. Lilling-
ton, Geo. Andrews, John Bromley, Wm. Sharpe, Tobias
Frere, Michael Terrill, David Ramsay. ^ p. Endorsed
as the letter. [Board of Trade. Barbados, 7. Xos. 61,
61 1. ; and (without enclosure) 44. pp. 196-201.]
iarchS. 273. Minutes of Council of Massachusetts. On the repre-
sentation of Samuel Appleton, he and his brother were placed in
'charge of certain cattle belonging to his father, who died inestate.
[Board of Trade. New England, 49. pp. 143-144.]
AMERICA AND WEST INDIES.
125
1698.
March 3. 274. William Thornburgh to William Popple. The Lords
Proprietors of Carolina have despatched orders for copies of the
laws to be sent to the Council of Trade by first opportunity. Sh/m-d,
Wm. Thornburgh. Scrap. Endorsed, Reed., Read 4 March, 1697-8.
[Board oj Trade. Proprieties, 2. A T o. 13 ; and 25. p. 198.]
March 4. 275. Anonymous letter, superscribed, "Memoirs about the
Leeward Islands." This opens with a general declaration against
governors, disorders in the church, and misapplications of forfeitures
and fees. Then follow gross complaints of John Perrie of Antigua,
of his power with Governor Codrington, his traffic in illegal trade,
his plundering of a Spanish vessel, and of his elevation to the post
of Provost Marshal. Then follows more abuse of Governor Codring-
ton, stories of his favour to Jacobites and papists, an attack on
Archibald Hutcheson, further insinuations against Perrie and
others, and more attacks upon the Governor, etc. 7 lartjc /w/cx.
Endorsed, Sent to the Board in a penny post letter without date or
name. Reed., Read 4 March, 1697-8. A short abstract is attached.
[Board of Trade. Leeward Islands, 5. No. 76.]
March 4. 276. Francis Parry to William Popple. Enclosing a report
of the Patentees for making copper coin upon the memorial of Lord
Cutts and others (No. 223), and praying that they may be heard
by the Council of Trade before the Council comes to a determination
on the matter. Sifjned, Fran. Parry. \ p. Endorsed, Reed., Read
4 March, 1697-8. ' Enclosed,
276. i. Patentees for making copper coin to Council of Trade
and Plantations. Farthing Office, 3 March, 1697-8.
On perusing the memorial of Lord Cutts and others we
conceive their proposals to be an infringement of our
patent for making copper halfpence and farthings for
the Plantations and England, and very pernicious to
both. When, upon a general complaint against tin
money, divers projectors proposed the making of two-
penny pieces, pence, halfpence and farthings, of the
same kind of metal as that now submitted to you by
Lord Cutts, the undertakers for making English copper
at the same time proposed to make halfpence and
farthings of native copper. Both proposals were laid
before the Council and the Treasury, and both Council
and Treasury after full consideration agreed to advise
the King to grant the making of the coins in copper,
and for the encouragement of making copper in this
kingdom, of English copper. In pursuance of this
grant great quantities of copper halfpence and farthings
have been made and are yet making, to the general
satisfaction and advantage, without apprehension of
counterfeits. We therefore conceive that no kind of
coin can better answer the needs of the Plantations than
copper halfpence and farthings of the same weight and
fineness as the Patentees are authorised and required to
make. There has been and can be no objection
or hindrance to their currency in the Plantations,
126
COLONIAL PAPERS.
1698.
March 5.
March 7.
March 7.
East India
House.
except that, by reason of their value, they would be
immediately returned to England as the most consider-
able commodity that could thence be brought. To prevent
this we propose to stamp the blanks with a different die,
and to prohibit all of that stamp to pass or be taken in
England, authorising the Patentees to seize to their own
use all that they find in this kingdom. Signed, Fran.
Parry, Edward Ambrose, M. Slaney, Dan. Barton,
Tho. Renda. 1| 2 } P- [Board of Trade. Plantations
General, 4. Nos. 100,100 1. ; and (enclosure only) 34.
pp. 250-252.]
277. Receipt for one large bundle and one large packet
given by Mr. Perry for delivery to Sir Edmund Andros, in Virginia.
Signed, Tho. Hasted. Scrap. [Board of Trade. Virginia, 6. No.
38.]
278. Samuel Day to Council of Trade and Plantations. A
new seal is wanting for Bermuda, the seal now used bearing the
name of King James. An Admiralty seal is also wanting. I beg
that these may be supplied. Signed, Sam. Day. \ $. Endorsed,
Reed. Read 7 March, 1697-8. [Board of Trade. Bermuda, 3.
Xo. 22 ; and 29. p. 110.]
279. The East India Company to Council of Trade and
Plantations. In reply to Mr. Popple's letter of 2nd inst. we offer
our opinion as follows. It would most effectually tend to the
suppression of the pirates in the Indian seas if the three men-of-
war appointed for the service were sent from hence at the
beginning of April or sooner direct to St. Mary's Island, where the
pirates have their residence and fortification and to which they
return with their spoil. The squadron should stay at the Island
till the middle of October, by which time the pirates return with
their plunder from shipping of the Red Sea and the Gulf of Persia,
which is despatched homeward from Mocha and the other places in
August. After the middle of October it may be convenient for the
squadron to make for Cape Comorin, where it is likely to meet with
such pirates as are looking out for other country-ships, which about
that time of the year always make the said Cape in their voyages
from the coast of Goromandel, Bengal, and Acheen for Surat, the
Gulf of Persia and other places. Having plied off the Cape for five
or six days, the squadron should coast it all along the coasts of
Malabar and India as far as Bombay and Surat, visiting the most
frequented ports as they pass for intelligence, especially Rhetora,
Calicut, Tellicherry and Carwan, where the Company has factories.
From Surat the squadron may proceed for the Persian Gulf, and
search those seas till February and return again without loss of
time to Surat, where they may obtain all sorts of provisions, stores
and refreshments, and be ready to proceed in April to Mocha and
other places in the Red Sea to scour those seas also. Having
stayed there till August they may then be turning homeward,
touching by the way at St. Mary's or the adjacent places to which
the pirates resort for refreshment, to see whom they can meet with
AMERICA AND WEST INDIES.
127
1698.
there, and from thence return to England. All this navigation
falls in properly with the monsoons, as if it were one direct voyage.
It may not be amiss for the Commodore to have directions at
large to visit, in his return, such places as he may have heard that
the pirates resort to, especially the islands lying near Madagascar
such as Moheila, Johanna and others, where are great plenty of
refreshments. At Madagascar the squadron may victual and
refresh, beef in particular being very plentiful and cheap. We
further advise that the ships now in the river, which are reported
to be designed for St. Mary's w r ith arms, stores, provisions and
intelligence, be prohibited from proceeding thither, lest by such
supplies the pirates be enabled to resist the men-of-war or at least,
by the intelligence which the said ships carry, be warned to change
their usual haunts and so frustrate the expedition. As a further
discouragement to pirates we suggest that the King should forth-
with by proclamation prohibit all his subjects in Europe and
America from trading and corresponding with or aiding pirates,
whether in the Indian seas or elsewhere, for we apprehend that,
without this, the pirates will spread themselves in all the Indian
seas and thereby interrupt the trade both of the East and West
Indies. As to the terms of pardon and mercy to be offered and the
disposal of such persons as shall submit, we do not presume to
offer an opinion, but we conceive that particular pardons will rather
encourage than suppress pirates, and that it may prove of the
worst consequence to leave any of them in those parts. Sinned,
Ro. Blackborne, Sec. 2 pp. Endorsed, Eecd. Read 7 March,
1697-8. [Board of Trade. Plantations General, 4. No. 101.]
March 7. 280. Journal of Council of Trade and Plantations. Lord
Cutts, Sir Henry Pickering and others attended and showed blank
specimens of the small coins which they proposed to issue. They
desired copies of the patent and memorial of the patentees for
copper coin, which were given to them.
The Governor of the East India Company attended and gave in
a memorial on the subject of pirates in the East Indies of this
day's date. He promised to use all the Company's endeavours
to gain information as to some ships said to be sailing from
England to help the pirates. A representation as to the Company's
new charter was signed.
Draft letter to Mr. Thornburgh approved, also circulars to the
West India Islands concerning white servants and to the Planta-
tions at large concerning pirates.
Mr. Day presented a memorial (No. 278). He was directed to
apply to the Admiralty upon the questions of Admiralty. The
question of seals was deferred until the Secretary could see what
other seals besides that of Bermuda were wanting.
March 9 The Secretary reported that the seal of Virginia was marked C.R.,
that of Bermuda J.R., that New Hampshire had no seal at all, and
that all the other seals were marked W. and M. Order for Mr.
Harris, the seal-cutter, to attend to-inorrow.
A letter from Mr. Yernon was read, enclosing a paper as to the
Leeward Islands, which was found to be the same anonymous letter
as was read on 4th inst. (Xo. 275).
128
COLONIAL PAPERS.
1698.
Instructions to the Commander of the squadron to suppress the
pirates in the East Indies, considered. Ordered that Sir Charles
Hedges attend thereupon.
March 10. Mr. Harris attended, and a representation as to the seals of the
Colonies was ordered.
Colonel Gibsone attending presented a memorial (A T o. 286). He
added that it would be sufficient if Ferryland and St. Johns were
fortified, that Trepassee should be again possessed by the English,
and that Carbonere Island could be made impregnable. On the
Order of Council of 17th ult. (No. 239), Colonel Gibsone said that
four officers and one hundred infantry, one master gunner and six
gunners would be a sufficient garrison ; that the Captain should be
Commander-in -Chief, and that the pay of all ranks should be
augmented by one half.
Sir Charles Hedges attending gave his opinion as to what con-
stituted a pirate, and as to the mode of trying pirates.
March 11. Mr. Gilbert Heathcote attended upon the private Act of Jamaica
concerning Sir James Castillo, and promised to write an account
of the objections thereto to Sir James and to Sir William Beeston.
[Board of Trade. Journal, 10. pp. 450-456.]
March 7. 281. Minutes of Council of Virginia. Pursuant to instruc-
tions the Governor was sworn to observe the Act for regulating the
plantation trade. Order for the prosecution of bonds of ships'-
masters for which no certificates are forthcoming. Order for a day
of thanksgiving for the success of the King's arms. Order for
appliances to be sent to the assistance of H.M.S. Swift, lying
stranded near Currahtuck.
March 8. Orders for registering ships, pursuant to the new Act for the
Plantation-trade. A committee appointed for the revision of the
laws.
March 9. Christopher Wormeley was sworn King's Collector of Rappahan-
nock River. Order for payment of John Chyles for carrying an
express to Maryland and New York.
March 10. Colonel Edward Hill sworn- Judge of Admiralty. Thomas Ward's
petition for restitution of the sloop Content, seized by Joshua
Broadbent but acquitted on trial, was referred to the Attorney-
General ; and upon his report restitution was ordered. On a
petition for permission for the ship Flying Hart, captured from the
French, to trade, the Council decided that the said ship must first
be legally condemned. [Board of Trade. Virginia, 53. pp. 113-
117.]
March 8. 282. Jahleel Brenton to Council of Trade and Plantations.
Boston. I arrived here on 8 December and shortly afterwards delivered the
letters which you entrusted to me for Rhode Island. The Governor,
being a Quaker, refused to take the oath, which 1 was empowered
to administer, concerning the Plantation trade. I enclose a report
on the matter. I also took out commissions for Peleg Sanford as
Judge of the Admiralty Court, and for Nathaniel Coddington as
Registrar. I asked Mr. Clarke's assistance in the execution thereof,
whereupon he detained them, as you will see in Mr. Sandford's
letter. This Clarke was chosen Governor of the Colony in May,
1696, and in the following June refused to sign the Association
AMERICA AND WEST INDIES.
1698.
prescribed by Act of Parliament, though it was generally signed in
the Colony. If the King would commission persons in 'the Colony
to examine and report on these matters and require Clarke to appear
and answer for the same, it would deter others from the like
practices in future ; but if he be in no way called to account, loyal
subjects will be discouraged. Further, I think it would be much
for the King's service and for the good of the people of Rhode
Island if the Governor were commanded to print all the laws that
are now in force, for they are so meanly kept, and in such blotted
and defaced books (having never yet been printed), that few of the
people are able to know what they are. Sinned, Jahleel Brenton.
7\S'. We have not heard of Lord Bellomont since we parted
from him about 400 leagues west of the Land's End. 1 pp.
Endowed, Reed. 15, Read 20 April 1698. Enclosed,
282. i. Peleg Sanford to Council of Trade and Plantations.
Newport, 30 January, 1697-8. On the 7th inst. I
received from Mr. Brenton a commission as Judge of the
Admiralty Court in Rhode Island. To enable me to
fulfil it I went down to the General Assembly on the 12th
and handed it to Walter Clarke, the Governor, then
sitting in full Assembly, desiring him to publish it and
to cause me to be sworn. Clarke answered that he
would consider of it, and send the commission to the
Lower House, but before the Lower House had read it
he left the Upper House privately, and went to the
Lower House, where he said that a commission had
been received from Peleg Sanford, which was an
infringement of the charter-right, that if they allowed
of it he would take leave of them, and that then there
would be no more choice or election according to the
charter. The Lower House, however, returned the
commission to Clarke without being prevailed on to do
anything in opposition to it. Clarke therefore soon
afterwards adjourned the Assembly, but detains my
commission and positively refuses to restore it, and if he
does restore it I believe that the persons now in the
Government here will refuse to adminster the oath to
me. Signed, Peleg Sanford. 1 p.
282. n. Peleg 'Sanford, Francis Brinley and Jahleel Brenton
to the King. Newport, 81 January, 1697-8. Reporting
the refusal of Governor Walter Clarke to take the oaths
offered to him by the persons commissioned by the
King. Copy. 2 pp. [Board of Trade. Proprieties, 2.
Nos. 14, 14 1., ii. ; and 25. pp. 201-205.]
March 8. 283. William Popple to William Thornburgh. The Council
Cockpit. of Trade expected that the Proprietors of Carolina would have sent
copies of such laws of the Province as they have here, without
waiting to send to America for them ; and you are desired to move
the Proprietors to send them copies with all convenient speed.
[Board of Trade. Proprieties, 25. p. 199.]
March 8. 284. Minutes of Council of Maryland in Assembly. Several
delegates appeared and were sworn, after which they were ordered
4226 l
130
COLONIAL PAPERS.
1698.
to choose a Speaker, when they answered that they were as yet too
few, and another writ of prorogation was issued to the 10th inst.
[Board of Trade. Maryland, 14. pp. 237-239.]
March 9. 285. Minutes of Council of Maryland. The Governor's
intended speech to the Assembly was read and approved. Order
for prosecution of certain persons at the Provincial Court. Order
for enquiring as to the presents received by Colonel Herman from
the Indians, and advised that a law be made to make such accep-
tance of presents illegal.
March 10. The proclamation of the articles of peace was delivered to the
Judges of Vice-Admiralty and to the Clerk of the Provincial Court.
Several persons formerly concerned with the Indians were sum-
moned to give information respecting them for communication to
the Assembly.
March 11. Several masters of ships asked for leave to enter at Annapolis
and received it. [Board of Trade. Maryland, 13. pp. 423-425.]
March 10. 286. Memorial of Colonel John Gibsone to Council of Trade
and Plantations. I shall not trouble you with recounting the
advantages of the Newfoundland trade nor the losses of the plan-
ters there nineteen months ago. The want of government was the
reason of the last, and will be the ruin of the first unless prevented
in time. Though it is not for me to meddle with the government,
I venture to offer the following opinion. When I speak of govern-
ment I mean not only the military but the civil and church
government, for the one cannot stand without the other two. The
military government should be in the hands of a good and ex-
perienced officer, not too much given to self-interest, for he will
meet with great temptations, though a good salary may prevent
that. His residence should be at St. John's, which lies in the very
middle of the English Plantations and is already partly fortified.
These fortifications should be Completed, which cannot be done
without assistance from England, for there is no lime or limestone
in the country. Moreover all the stone that I saw in Newfound-
land was so hard that it could not be shaped, and so was useless
for fortification. Bricks should be brought from England, and this
will cost little since so many ships go there yearly in ballast, which
might each carry so much lime and stone. The plan that I gave
you shows the fortifications of St. John's, but being hurriedly
made they cannot stand long, being composed of earth, faggots and
fascines, especially the two batteries at the harbour's mouth.
They must be enlarged and faced with stone or brick or they cannot
stand the great surge which beats against them with all easterly
winds. The south battery should mount twenty instead of nine
guns, and the north battery ten instead of five. There will be
great difficulty in clearing away the rocks on both sides, but it can
be done in time of peace, and I think the planters would willingly
contribute towards it. King William's Fort should also be faced
with stone or brick, and a house should be built therein for the
Governor. It would be of great use to have Ferryland fortified
and garrisoned. As to the numbers of these two garrisons I cannot
be positive ; but if the planters were not allowed to disperse them-
selves into so many harbours and creeks, but confined to Trepassy,
AMERICA AND WEST INDIES.
181
1G98.
Ferryland, St. John's, Carbouere, Trinity Harbour and Bonavista,
the garrisons might be so much the less, for the planters would be
numerous in those six places, and under a good Government could
be made very useful for defence. This would not hinder them from
dispersing during the fishing season; and indeed this is the
method used by the French at present. Before the last ravage
made by the French, the English were dispersed in at least
forty several places, which was the occasion of their ruin. The
guns of the batteries at the harbour's mouth should be thirty-six-
pounders or at least twenty-four-pounders. In King William's
Fort there should be nine-pounders or six-pounders. A thirteen-
inch mortar in each of the harbour-batteries would be of great
service. The position of gunners and ammunition I must leave to
the Board of Ordnance. For Governor, I recommend Colonel
Thomas Handasyd, whom I left there. He is a worthy, good man,
of courage and conduct, who has served the King twenty-four years.
Sinned, J. Gibsone. 1^ pp. Endorsed, Reed. Read 10 March,
1697-8. [Board of Trade. Newfoundland, 3. No. 95 ; and 48.
pp. 178-181.]
March 10. 287. Journal of House of Delegates of Maryland. Thomas
Smithson elected Speaker, and approved by the Governor, who
ordered a gown to be given to him and also a small mace. The
Governor then delivered a speech, announcing first the restoration
of peace, and then recommending to them the following matters,
(1) the Church, (2) the Indians, (3) the Militia, (4) the School,
(5) the alterations of winter County Courts and (6) a certain
method of holding .Assemblies. List of the members. Thomas
Reynolds appointed serjeant-at-arms.
March 11. The King's speech to both Houses of Parliament read. Com-
mittees of elections and privileges appointed. The door-keeper's
salary raised. Report of the Committee of Elections on the
election returns. Message to the Chancellor asking him to examine
certain persons on oath respecting *a disputed election, whereupon
the Council returned their answer as to the result of the examina-
tion. Resolutions thereupon. Message from the Governor asking
that Hugh Ryly and an Indian with him may be examined for
information as to the Piscattaway Indians. His information was
then taken and thought to be of little consequence. Message to
the Council for an order to a sheriff to defer the execution of a
warrant of resurvey until ten members of the House, who feel
aggrieved thereby, can be spared to be present at the resurvey.
Committee of Grievances appointed.
March 12. Thomas Gray being brought before the house for arresting one of
the members, excused himself by saying that he did not know that
the arrested man was a member, and was dismissed. Message to
the Governor, asking him that in future when he desires to confer
with the Delegates he will summon them to the Council Chamber
instead of coming down himself to their chamber. [Bimnl of Trail,-.
Maryland, 15. ;>;>. 205-213.]
March 10. 288. Minutes of Council of Maryland in Assembly. The
Delegates that had not been sworn were sworn. They then chose
their Speaker, who was approved, and the Governor delivered his
132
COLONIAL PAPERS.
1698.
March 14.
St. Christo-
phers.
speech. He then again took the oaths to observe the Act to
regulate abuses in the Plantation Trade. The Delegates' request
for an order to stay execution of a warrant of survey was granted.
March 11. Message from the Delegates as to a disputed election received,
and the question settled. The Governor produced the articles
formulated by Gerard Slye to George Robotham and John Addison,
who declared them malicious and foolish. Several letters and
petitions sent down to be laid before the Delegates.
March 12. The Governor's instructions and Act of Parliament relating to
Trade were read and sent to the Delegates, also copies of Gerard
Slye's articles against him. Message from the Delegates as to the
Governor's conferences with them received, and an answer sent
that the Governor was well satisfied therewith. A message to the
Governor concerning Indians was sent down to the Delegates. Bill
proposed to revive the discontinued process of Ccil County Court.
[Board of Trade. Maryland, 14. pp. 239-248.]
March 11. 289. Receipt of a master of a ship for a packet addressed to
the Governor of Maryland. Signed, Wm. Lurting. Scrap. [Board
of Trade. Maryland, 3. No. 46.]
290. Governor Codrington to Council of Trade and Planta-
tions. I enclose a deposition sworn by the person who was Governor
under the former proprietor of New Tortola, and who surrendered
the island to our forces which were sent against it by Sir William
Stapleton. This Peter Balderick has remained here ever since he
was taken at Tortola, preferring to live among the English than to
return to the Dutch, and is a lusty healthy man of his age. This
deposition will strengthen those which I formerly sent to you.
Signed, Chr. Codrington. ^ j>. Endorsed, Reed. 3rd, Read 6th
May, 1698. Enclosed,
290. i. Deposition of Peter Balderick, 9 March, 1697-8. That
he was Governor of Tortola in 1672, and surrendered
the island to Sir William Stapleton's expedition in that
year. 1 p. [Board of Trade. Leeward Islands, 5.
Nos. 77, 77 1.; and (icithout enclosure) 45. pp. 197-198.]
March 14. 291. Governor Sir Edward Andros to Council of Trade and
Virginia. Plantations. On the 9th of January I received yours of 27 October,
with the proclamation of peace. I at once sent it to all parts of
the Government and to Captain Pound of H.M. ship Dover (prize),
the only man-of-war in this Government. It was solemnly published
at Jamestown on the 15th of January, and a day of public thanks-
giving has since been kept. On the 3rd inst. I received the King's
commission appointing Commissioners to swear me to the due
observance of the Acts of Trade and Plantations (sic), also the
instructions of the Lords Justices and of the Treasury concerning the
said Acts, and a Commission for appointing officers of the
Admiralty Court in Virginia, Carolina and the Bahamas, and a
letter from the Admiralty nominating the said officers. I am sensible
of my omission in not sending you directly an account of
public moneys and not signing nor writing my opinion of
the Council's letter of 24 April; but I was then much indisposed in my
health. I now send the Auditor's accounts for 1695 and 1696 to the
AMERICA AND WEST INDIES.
133
1698.
24th April, 1697. None have been made up since, nor is it usual until
after the time of shipping tobacco. The cause of the debt on the two
shillings per hogshead and port duties was the charge for assisting
New York and of keeping a sloop, as ordered, to prevent illegal
trade, together with some extraordinaries on account of the war and
the fact that shipping did not come in as in time of peace, but one
London fleet coming in two years. For these causes the said
revenue was not sufficient, though it has been, and I presume will
be, for the constant support of government. The said debt is sub-
mitted to you for the King's favour out of the quit-rents (sic) having
been incurred on extraordinary occasions for the King's service. I
enclose accounts of the stores of war at Jamestown and at TindaU's
Point, York "River, there being no other stores nor fit places to
keep any except at Jamestown. The powder formerly sent was
distributed to the militia-officers of the several counties. As to
the quofca for New York, though I at first represented the different
circumstances of this country for it, I was always ready and did
my duty therein as commanded. I have used my endeavours for
the revisal of the laws both with the Council and Assembly and
encouraged any that would contribute thereto. They were reduced
by a principal member of the Assembly under proper heads, which
being brought before the Assembly they were impatient of any
further trouble therein, but voted the several paragraphs into so
many laws. But the Assembly not agreeing with the Council in
matters recommended for the King's service (though the Council
acquiesced in several things in hopes thereof) was dissolved. The
revisal not having been effected since, I have now again acquainted
the Council with your orders, and some of their number are
appointed to proceed therein and report to the Board. On receipt
of your letter I directed copies of all laws to be prepared as soon as
possible, and they will be transmitted by the first good opportunity.
The appointed Commissioners swore me on the 7th inst. to due
observance of the Acts of Trade and Plantations, and I have sent
reiterate orders to the Naval officers, on the receipt of those from
the Lords Justices and the Treasury, for their utmost care therein.
I have, as ordered, commissioned Edward Hill to be Judge of
Admiralty in Virginia and Carolina, and Miles Gary to be Registrar.
I have sent for Miles Sherman to be Marshal and await the arrival
of Edward Chilton to appoint him Advocate. All is very well and
quiet here. Signed, E. Andros. 2J ]>p. K adorned, Reed. Read
23 May, 1698. ' [Board of Trade. Virginia, 6. Xo. 39 ; and 37.
pp. 202-206.]
March 14. 292. List of the papers enclosed with the preceding letter.
Accounts of the revenue of the two shillings per hogshead duty. rtc..
ending 10 June, 1696, and 24 April, 1697. Accounts of the quit-
rents for 1695 and 1696. Accounts of stores in the magazines.
* p. [Board of Trade. Virginia, 6. Xo. 40 ; and 37. p. 207.]
March 14. 293. Journal of Council of Trade and Plantations. Order
for Captain Norris to attend next Wednesday on the business of
Newfoundland.
Draft representation as to the instructions for the commander of
the squadron designed against pirates, considered.
COLONIAL PAPERS.
Mr. Crowne presented a memorial upon his claim to Penobscot
(No. 299).
Lord Orford's memorial as to councillors in Barbados read
(No. 298). Agreed that the question be considered as soon as the
numbers of that Council fall below twelve. Mr. Bridges presented
a letter from the President and Council of Barbados, also copy of the
Act as to white servants, of which he said that he had dispersed
several copies about England, though it was only temporary. He
also proposed two new members for the Council of the island.
Captain Norris attended and gave information as to the defence
of Newfoundland, and was ordered to attend again to-morrow with
a memorial on the subject.
Lord Bellomont's letters of 8 January read (Nos. 158, 159).
Captain Norris presented a memorial as to Newfoundland (No. 301),
and the heads of a representation thereupon were agreed to.
Colonel Gibsone attending said that fifty men might be a sufficient
garrison for Newfoundland in time of peace ; that they should not
be allowed to fish but should have their pay increased to tenpence
a day ; and that twelve months' provisions and money to pay the
men that are ready to settle there should be sent out. He added
that all the planters were desirous to have a Governor and would
contribute to the maintenance of one. He was ordered to draw up
a memorial of these things.
Representations signed as to the instructions for the Commander
of the squadron against pirates and as to seals (Nos. 304, 305).
[Board of Trade. Journal, 10. pp. 458-466.]
294. Journal of House of Delegates of Maryland. Order
for two journals to be kept, and for an Assistant- Clerk to be employed.
The Clerk sworn to give in his journals to the Secretary's office and
not to divulge the secrets of the House. Order for bills to revive
the process of Cecil County Court and to alter the winter County
Courts. Message to the Council respecting ferries. Message from
the Council for the House to attend the Governor.
Debate on the Piscattaway Indians. Carried unanimously that
it is unnecessary to make war upon them. Message from the
Council, asking for Delegates to attend the swearing of the Naval
Officers to their accounts, and asking the House's opinion as to the
expediency of prohibiting export of corn and provisions. Message
to the Council asking for a joint committee to look to relations with
the neighbour Indians and to the security of the frontier. Six
Delegates were sent to the swearing in of the Naval Officers, and to
report the House's resolution that the prohibition to export corn
and provisions would be inconvenient.
Message from the Council appointing members for a joint
committee on Indian affairs. The Delegates for the same com-
mittee appointed. Committee of Laws appointed. Adjourned to
meet at 7 a.m. to-morrow at the Speaker's Chamber, owing to his
indisposition.
Report of the Committee of Grievances. Orders given for
preparation of bills thereupon, and for George Plater, William
Dent, and Robert Goldsborough to be brought up in custody to
answer their conduct in justifying the dismissal of several attorneys
AMERICA AND WEST INDIES.
135
1698.
from practice by Order in Council. Mr. Dent on attending declared
that he had given his opinion on the point faithfully and honestly.
Order for them to attend again in the afternoon, and in the mean-
time for the case of James Cranford, attorney, to be examined by
two members, who, however, reported that the Clerk of the Council
had no papers on the subject. Message from the Governor
ordering the Delegates to attend him or offering to come down to
the Speaker's Chamber if the Speaker were too ill to come up.
Message in answer, asking him to come down to the Speaker's
Chamber. House adjourned for an hour. Message to the Council
asking for copies of the King's lawyers' opinion in relation to the
attorneys.
March 18. Message from the Council with copies of the opinions asked for by
the House, which being read, the King's lawyers were ordered again
to attend the House. The Committee for Indian affairs presented a'
report proposing that a message should at once be sent, by an Indian
messenger, to the Piscattaway Indians, and that the rangers in
Baltimore County be dismissed, the Indians generally being quiet.
Report approved. Message to the Council, asking for the joint,
committee on Indian affairs to meet again and decide some
unsettled questions. The King's lawyers attending declared
that they adhered to their opinions as to the attorneys-,
but were prepared to change their opinion on better argu-
ments ; whereupon they were directed to attend the House
to-morrow, bringing the authorities for their opinion. In
answer to proposals from the Council the House declared that
the Indians at the head of the Potomac do not live within the
bounds of the province, and appointed members for a joint com-
mittee to view the State-house and the materials for the church and
school, and to inspect the accounts of the latter.
March 19. Bills to restrain the extortion of sheriffs and others, to revive the
process of Cecil County Court, and for appointing court-days in
each county read a first time. The King's lawyers attending were
asked whether they would retract their opinions as contrary to law,
whereupon they said that, though liable to err, they adhered to
them, and produced several authorities which are conceived to be
rather against than for them. Resolved that the said opinion is
dangerous, tending to deprive people of their liberty without trial
and to exasperate the Governor against the justices for protecting
people in their rights. Address to the Governor, embodying this
resolution, and asking him to consent that the King's lawyers pay
each ten shillings to the Serjeant-at-arms and burn their papers,
as a mark of his displeasure, and to receive James Cranford into
his favour. Report of the Committee on Indian affairs, when it
appeared that the members were equally divided on the question of
keeping the rangers at the head of Potomac, and the House referred
it to the Governor's discretion to station the said rangers where
they could be of most use in case of alarm or to call them in alto-
gether. Address to the Governor accordinglv. [Board of Trade.
Maryland, 15. pp. '213-229.]
March 14. 295. Minutes of Council of Maryland in Assembly. Message
from the Delegates as to ferries. The Governor summoned the
136 COLONIAL PAPEES.
1698.
House and recommending them to attend to Indian affairs instead of
private business, laid several papers respecting Indian matters before
them, at the same time adding that he had sent in to a message,
couched in the usual terms, a reply which shewed his anxiety to
come to a good understanding.
March 15. Resolved to propose to the Delegates how the arms now coming
shall be disposed of, and that a dispute about certain furs brought
from Pennsylvania be decided this Assembly. Messages to the
Delegates about swearing the Naval Officers to their accounts, as to
whether the Susquehannah Indians are within the province, as to a
joint committee to view the public buildings, and recommending the
regulations of ordinaries, the better securing of ships' letters and
the care of orphans. The Naval Officers sworn to their accounts.
Joint committee for Indian affairs appointed. Sundry further
recommendations sent to the Delegates.
March 16. Letters from the Archbishop of Canterbury about free schools,
and one from the Council of Trade of 17 November, 1697, were
read, and certain paragraphs ordered to be laid before the
Delegates.
March 17. The Governor brought before the Council the ill consequences of
the reports of Lord Baltimore's restoration. He also took notice
of a message from the Delegates asking for certain Council papers,
which he conceived to be an improper thing without his privity and
consent, and had ordered the messengers to return that answer.
After exchange of messages the Council proceeded to the Speaker's
Chamber, where he informed them that there were letters from
England to be laid before them, and recommended to their
consideration the unrest caused by reports of Lord Baltimore's
restoration, a letter from Dr. Bray on Church affairs, and some
clauses in a letter from the Bishop of London. Finally he spoke
of their manner in asking for Council papers, which he supposed
was a mistake, and added that if they had any dispute about the
Royal prerogative they had better refer it to the Council of Trade
and Plantations. Order for copies of the King's lawyers' opinions
to be sent, in compliance with a message from the Delegates. A
law proposed against enticing people from the province, and the
Delegates' help requested in ranking the Provincial Justices.
March 18. Petitions referred to the Delegates. Messages from the
Delegates as the joint committee on Indian affairs, and a joint
committee to view the public buildings, complied with. Laws
proposed for trial of disputes between masters and servants, and
for restraining the refractoriness of seamen.
March 19. The Delegates' address as to the opinion of the King's lawyers
received. [Board of Trade. Maryland, 14. pp. 248-263.]
March 14. 296. Minutes of Council of Maryland. Proceedings upon a
warrant and bond for the appearance of John Russell for harbour-
ing runaway seamen.
March 15. Order for the prosecution of a ship's master for making a false
clearing. The Naval Officers sworn to their lists of shipping.
George Plater presented the accounts of the King's revenues
received in his districts. Two letters of Gerard Slye were read,
and ordered to be given to the law-officers for his prosecution ;
ordered also that one of them be laid before the Assembly.
AMERICA AND WEST INDIES.
137
1698.
March 16.
March 17.
March 18.
March 19.
March 15.
Virginia.
March 16.
[Mar. 16.]
March 17s
March 17.
James Cranford was restored to his practice as an attorney.
Accounts and shipping lists were given in and sworn to. A de-
position of Thomas Robinson respecting privateers in Pennsylvania
was sworn to by him. Thomas Robinson then brought forward
certain expenses to which he had been subjected as Lord Romney's
prize agent ; and part of the fees charged to him were remitted.
Complaint being made by the Rev. Richard Tubrnan that the
Popish priests have perverted several persons during the late
sickness, the matter was referred to the law-officers for their advice.
Several proposals as to the building of the church and school at
Annapolis agreed to.
A complaint of several seamen against their captain of with-
holding their wages was heard and dismissed.
William Alderne and William Dent were sworn as a Deputy-
Collector and Naval Officer. [Board of Trade. Maryland, 13.
pp. 425-432.]
297. Edmund Jenings to Council of Trade and Plantations.
Sir Edmund Andros being much indisposed has ordered me to
transmit to you an Act for a public levy, the Orders of Council, and
the Journals of the last General Assembly, Siipietl, E. Jenings.
p. Endorsed, Reed. 2 Aug., 1698.
Duplicate of the above, addressed to the Duke of Shrewsbury.
I'lmlortscd, Reed. Read Aug. 5, 1698. [Board of Trade. Virginia, 6.
Nos. 41, 42; and (memorandum of documents received) 37. p. 250.]
298. Memorial in the name of the Earl of Orford, recom-
mending the appointment of John Meade to the Council of Barba-
dos in place of Burch Heathersall, deceased. Scrap. Kndnrx<'d,
Reed. Read 16 March, 1697-8. [Board of Trade. Barbados, 7.
Xo. 62.]
299. Petition of John Crowne to Council of Trade and
Plantations. I am rightful proprietor of Penobscot from the river
Machias on the east to the river Musconcus on the west. The said
lands were purchased by my father, who held them until 1668,
when they were given up by Sir Thomas Temple to the French, for
his own sinister ends and without the King's authority. I beg that,
in view of the settlement of boundaries in America by Commis-
sioners of England and France, my claim to these lands may be
heard. 1 p. Endorsed, Reed. Read 16 March, 1697-8. [Board
of Trade. New England, 9. No. 11.]
300. Receipt of the master of a ship for a packet of letters
directed to Sir Edmund Andros in Virginia. Signed, Joshua Cooke.
Scrap. [Board of Trade. Virginia, 6. Xo. 43.]
301. Captain John Morris, R.N., to Council of Trade and
Plantations. I think that the fishery of Newfoundland cannot be
better than under its old constitution. If you wish to make part of
the country defensible in case of war, I think St. John's harbour the
most advantageous place by nature. The country is so woody
and mountainous that an enemy can't easily march to it and cannot
possibly bring cannon by land to the place ; hence the redoubt built
by Colonel Gibsone may be sufficient defence against such attacks.
138
COLONIAL PAPERS.
1698.
As to the sea, the narrow entrance to the harbour and the great
height of the land on both sides create such eddy-winds and calms
that an attack would be very difficult, especially if you approve of
a boom and chain being fixed across the harbour's mouth. On the
north side, at a place called One-o'clock, is a convenient place and
distance from the boom for a battery of from fourteen to eighteen
guns. Right against it on the south side is another place for three
or four guns. These two places, in addition to what is already,
would, I believe, make the harbour defensible. I think that if
planks and materials were sent there at the time of the convoy's
going, the labour of their ships-companies might complete the work
this year. The battery on the north side should have a place to
put powder in. To man these batteries I think that the inhabitants
would suffice, but for the care of the guns and stores there should
be gunners and store-keepers ; but that power should have no
influence over the inhabitants for fear of prejudicing the trade ; and
to prevent any abuses by mismanagement the convoy for the year,
together with the Admiral and Yice-Admiral of the port, should
examine all the stores to check embezzlement. I would suggest
whether, against the outbreak of war, it would not be proper to have
dormant commissions among the inhabitants to summon the people
for the defence of St. John's until the King send what may be
proper, allowing them pay while the service lasts. This power
should in my opinion be subordinate to the Admiral of the port, if
one be there, because the masters of the merchant-ships may
probably have seen more service than any of the planters, and the
planters in general are a kind of servants to the merchant-men.
To fix the boom there must be an iron bridle to go over the rock on
the north side, and a crab or capstan on the south side to heave the
boom across. Signed, Jno. Norris. 2J pp. Endorsed, Reed. Read
17 March, 1697-8. [Board of Trade. " Newfoundland, 3. No. 96 ;
and 25. pp. 182-184.]
March 17. 302. Mr. Clement to William Popple. The letters committed
to me for conveyance to Lord Bellomont have been duly delivered,
three to go to Boston by Captain Updike, who intends to sail next
week, and three for New York by Captain Jeffries, who sails in
about a fortnight. Signed, S. Clement. ^ p. Endorsed, 18 March,
1698. [Board of Trade. New England, 9. No. 12.]
March 18. 303. Memorial of Benjamin Way. On 13 December last
London. Mr. Samuel Lewis, Commissary-General and Judge Advocate of
Jamaica, was in an inhuman and barbarous way stabbed by Mr.
Peter Beckford, junior, whereof Lewis immediately died, his sword
not being drawn out of the scabbard. I therefore, his son-in-law,
beg that when the case comes before the Council of Trade I may be
admitted to produce proofs of the barbarity of the act, Beckford
having since fled from Jamaica, to Petit Guavos, as is supposed.
Signed, Benj. Way. \ p. Endorsed, Reed. Read 23 March,
1697-8. [Board of Trade. Jamaica, 8. No. 86 ; and 56. p. 183.]
March 18. 304. Council of Trade and Plantations to Mr. Secretary
Cockpit. Vernon. Forwarding a representation as to pirates in the East
AMERICA AND WEST INDIES.
139
1698.
Indies, pursuant to his letter of 28 February (No. 267). Si<im-d,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill.
Annexed,
Council of Trade and Plantations to the King. 18 March, 1698.
Having advised with the East India Company respecting your
commands conveyed to us on 28th ult., they have laid before us the
following proposals for the voyage of the squadron (see No. 279).
With these proposals we think it would be well to comply
unless the Admiralty have any objections. We think that the
Commander-in- Chief after arrival at Madagascar should be at
liberty to divide his squadron or keep it together as he thinks fit,
and to send home one or more of his ships at any time. In spite
of the East India Company's objection to particular pardons we
think that if great caution be used and they be granted only to
such persons as do eminent service by giving up some port or ship,
or to some large numbers of pirates who surrender within a limited
time, then the Commander of the squadron may have power to
grant them pardon. As to the disposal of such surrendered pirates,
the East India Company think that it would be of ill consequence
to leave them anywhere in the East Indies, and we think that it
would be inadvisable to send them to the American Colonies, where
they had their first rise, since it would give them opportunity to go
back to their evil practices and tempt others to join them. We
think therefore that the Commander-in-Chief had better be directed
to bring them to England to be tried, unless he see cause to leave
some of them in the East Indies, under proper regulation, until
your further pleasure be known. We agree with the East India
Company in the expediency of issuing a proclamation prohibiting
all your subjects from assisting, corresponding or trading with
pirates. But above all we think that the most effectual means of
preventing piracy will be to pass an Act of Parliament here for
the speedy trial of pirates in any part of your dominions, wherever
proofs may most easily be found for their conviction and execution.
Sinned, j. Bridgewater, Wm. Blathwayt, Ph. Meadows, John
Pollexfen, Abr. Hill. [Board of Trade. Plantations General, 34.
pp. 253-260.]
March 18. 305. Council of Trade and Plantations to the King. Re-
Cockpit, commending that he direct seals to be prepared and sent to Ber-
muda, New Hampshire and Virginia, no public seals having been
sent there since his accession. Signed, J. Bridgewater, Ph. Mea-
dows, Win. Blathwayt, John Pollexfen, Abr. Hill. [Board oj
Trade. Plantations General, 34. pp. 260-261.]
March 19. 306. John Pym to Simon Cole. I have been informed of your
Exon. reflections as to the regulations of the Newfoundland trade so as to
make it subservient to England's navigation. Now that Commis-
sioners of Trade are appointed, it were a great pity that they should
not consider so great an article in the balance of trade. We raise
all cargoes (excepting salt) from our own produce and labour, and
bring home the commodities of Spain, Portugal and Italy, with
bullion. But I need not dwell on the advantages of the trade to
you. Two things are at present very prejudicial to it. (1) The
carrying over of passengers who take up all the choice of the men,
140
COLONIAL PAPERS.
1698.
paying only 3 or 4 for their passage, and take up all the choice
places, whereas the merchant, who is at vast charge for outsetting,
is obliged to carry one-third landsmen. By this substitution of
passengers the natural advantage of providing one of the best
seminaries for seamen is very much prejudiced. This has been
frequently complained of, and this may be a fit time to redress
it. This would tend very much to the increase of shipping
and seamen, as would also the obliging ships to keep boats
proportionable to their burthen, as ten boats to a hundred tons.
This was proposed upon a regulation formerly. (2) Allowing
unfree ships to come and fish there is a present evil to the trade
and like to cripple it unless timely prevented. I am credibly
informed that many ships from Portugal and Spain are going this
year and catch up our seamen abroad to desert our ships in their
ports and man theirs. I suffered from this in this year at Oporto,
whence four Portuguese ships are going or gone to Newfoundland.
This will carry away instead of increasing our seamen, and lose us
the benefit of the trade. It has always been the object of the
Government to prevent this, and men-of-war were sent there for the
purpose^ indeed all unfree ships were formerly liable to seizure by
any that had a commission. If I could be of any service by
procuring an address to the Council of Trade on the subject, or
signatures to an address drawn by you, I will gladly do so. Signed,
Jno. Pym. 1 p. Endorsed, Reed. Read 31 March, 1697-8.
[Board of Trade. Newfoundland, 3 No. 97 ; and (from to end)
25. p. 189.]
March 21. 307. Council of Trade and Plantations to Governor the
Cockpit. Earl of Bellomont. Calling his attention to the harbouring of
pirates in the Colonies, and forwarding copy of the Jamaica Act
against pirates as a model. You will pass some such Act in New
Hampshire as well as in Massachusetts, as previously ordered, and
we think that the Acts existing for the purpose in New York and
Massachusetts are not so effectual as they ought to be. "We have
received yours from Barbados of 8 January. We hope that the
close of your voyage will be more fortunate, and await your report
as to the Eastern Indians. Signed, J. Bridgewater, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen,'Abr. Hill. [Board of Trade. New
York, 52. pp. 306-309.]
March 21. 308. Council of Trade and Plantations to Governor Codring-
Cockpit. ton. The King has given orders that the Acts made for increasing
the number of white men in the Colonies should be strictly executed,
and that they shall, if possible, be amended if defective. We
forward also the Jamaica Act against pirates that it may be adopted
if necessary in the Leeward Islands, and you will take care that the
laws against pirates be strictly executed. Signed, J. Bridgewater,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. [Board
of Trade. Leeward Islands, 45. pp. 171-178.]
March 21. 309. Circular. Council of Trade and Plantations to the
Cockpit. Governors. Great complaints have reached us lately from the East
Indies and other quarters of the mischief wrought by pirates, and of
the encouragement which they have received in several of the
AMERICA AND WEST INDIES.
141
1698.
Colonies in America, both in their fitting out from thence and their
return thereto as a safe receptacle. The King has therefore directed
copies of a Jamaica Act for restraining and punishing of pirates to
l)e sent to all his Governors in America, and he requires all those
Governors to uso their utmost endeavours with their Assemblies for
the passing of a similar Act, and to enforce the same vigilantly when
passed. A copy of the Act is enclosed to you, and you will report to
us your proceedings thereon. /vV/mW, J. Bridgewater, Ph. Meadows,
Win. Blathwayt, John Pollexfen, Abr. Hill. [Board of Trmh:
Virginia, 37. 'pp. '200-202. Maryland, . !>]> 177-178.] '
March 21. 310. Council of Trade and Plantations to William Penn, the Pro-
Whitehall, prietors of the Bahamas and Carolina and the Governments of
Connecticut and Rhode Island. Urging the passing of Acts for the
suppression of pirates and forwarding the Jamaica Act as a model.
[Board of Trad'. Proprieties, 25. pp. 200-201.]
March 21. 311. Council of Trade and Plantations to the President and
Council of Barbados. Directing that the laws enacted for increasing
the number of white men in the Island be strictly enforced, and
amended if they be defective. Also forwarding copies of the
Jamaica Act against pirates, with recommendations to procure its
enactment. Siyned, J. Bridgewater, Ph. Meadows, William Blathwayt,
John Pollexfen, Abr. Hill. Postscript. We have just received yours
of 12 January, to which we need only answer at present that we
shall recommend the punctual payment of the bills mentioned by
you, if there be occasion. [Board of Trade. Barbados, 44.
pp. 143-145.]
March 21. 312. Council of Trade and Plantations to Governor Sir
William Beeston. The same letter as the above without the post-
script. [Board of Trade. Jamaica, 56. pp. 181-183.]
March 21. 313. Journal of Council of Trade and Plantations. Circulars
as to white servants and law r s against pirates signed.
Letter of 12 January from the President and Council of Barbados
read, and a postscript added to the circular of this day's date, in
reply.
Agreed to defer the representation upon Mr. Day's memorial.
Business of Newfoundland further considered.
March 23. Mr. Way's memorial of the 18th inst. read (A'o 303).
Letter of 15th January from the Assembly of Nevis read, and
consideration thereof deferred.
March 24. Mr. George Shuttleworth attended to represent that he was the
person who last summer carried a letter from Conception Bay to
St. John's, Newfoundland, with information of Mons. Pointis
being there. He was told that his petition, being addressed to the
King, ought to pass through the hands of a Secretary of State.
[Board <>1 Trade. Journal, 11. j>]>. 1-6.]
March 21. 314. Minutes of Council of Massachusetts. Nathaniel Byfield
produced a commission as Judge of Admiralty and asked to be
sworn, but it was ordered that he be not sworn till Lord Bellomont
arrive. Joseph Grant obtained leave to erect a timber-shed in
Boston. Order for payment of 6 to Colonel Elisha Hutchinson
for expenses of his journey when setting out to pursue the Indians
142 COLONIAL PAPERS.
1698.
March 22. Resolved to send an address to the King setting forth the incon-
venience of his late order granting the right of appeal to Customs
officers. [Board of Trade. New England, 49. pp. 144-146.]
March 21. 315. Minutes of Council of Maryland. Order for the prose-
cution of John Coode's sureties. The Governor was urged to
signify to the Council of Trade the lack of members of Council,
owing to the recent death of two of them. A petition and report
respecting a seized sloop were referred to the law officers.
March 22. The complaint of a ship's master, that he had been required
to make a second entry when he thought one sufficient, was
heard ; and it was resolved that the proceedings against him be
cancelled and his ship restored to him. Order for cancelling all
former proclamations encouraging the export of provisions to New-
foundland. [Board of Trade. Maryland, 13. pp. 432-435.]
March 21. 316. Journal of House of Delegates of Maryland. Bills to
restrain extortions of sheriffs, to appoint County Court days, to
revive Cecil County Court's process, read a second time and sent to
Council. Bills for stay of executions and for better ordering of
St. Paul's and Shrewsbury parishes read a first time and committed.
On a letter to the Governor reporting the endeavours of Popish
priests to make proselytes, an address was sent asking the Governor
to issue a proclamation to restrain them. On a proposal of the
Governor to ascertain the method of holding Assemblies, it was
resolved to continue in the present form, and as experience is gained
to draw nearer to the practice of Parliament. Further report of the
Committee of Grievances and orders thereupon. Message from
the Governor summoning the House to attend him. Answer of the
Delegates, asking to be excused owing to the illness of the Speaker
for a day or two, and representing that only one point in the matter
of Indian affairs remains undecided.
March 22. Message from the Governor consenting to postpone the
Conference, but reminding the Delegates that there were many
other things besides Indian affairs before them. Message from the
Council asking for a joint committee to prepare a new Militia Bill.
Answer of the Delegates, that they have resolved that the old
Militia Act should remain unaltered. Bills empowering the county
justices to levy money for the charges of other counties, and the
bill as to St. Paul's and Shrewsbury parishes were read twice and
sent to Council, together with the bill for stay of executions. The
Delegates rejected the Council's proposal for a bill to decide
disputes between masters and servants, but referred another
proposal to the Committee of Laws. The Council's proposals for
laws to restrain seamen, for regulation of ordinaries, for securing
letters and for care of orphans were also rejected as unnecessary.
March 23. The proposals of the Council as to storage of records and prisons
were considered and rejected. Proposals to cut down the trees left
in the middle of the roads rejected. Agreed that it would be well
to issue a proclamation that Protestant servants of Popish masters
shall have liberty to go to church. Proposal for a law to declare
that the province has paid all debts and claims, in order to bar
fictitious claims, rejected. Bill for rectifying the ill-practices of
AMERICA AND WEST INDIES. 143
1698.
attorneys read a first time. Address to the Governor as to repeal
of certain laws, approved. Bill to secure the parochial libraries
read a first time. Bills to revise process of Cecil County Court, to
restrain extortions of sheriffs, for stay of executions, to enable
county justices to levy rates for county charges, and to divide St.
Paul's and Shrewsbury parishes, read a third time and sent to
Council. Journal of Committee of Accounts read, and a bill ordered
to be drawn thereupon.
March 24. Bill as to attorneys read a second time. Report of the
committee on the church and free schools read. Message from the
Council in answer to the Delegates' message about the Indians,
that the House shall never have reason to say that he wishes
to put the country to unnecessary expense. Message from
the Council that Mr. Mason should be called upon to produce his
9 accounts. Answer of the Delegates, that the House is satisfied
with the returns that he has made already. Conferrers sent up to
the Council on the business of settling the Collectors. Message
from the Council. As to the Delegates' message respecting the
King's lawyers, the Governor has no wish to shelter them from
justice if they have done wrong, but he thinks that to fine them
without any known law would be a dangerous precedent. He brings
to the notice of the House a more real grievance, viz., the levying
of tobacco by County Justices contrary to law. As to James Cran-
ford, he has been restored to practice in honour of the peace, but
if the Delegates are not satisfied that it is the King's prerogative to
suspend attorneys they may lay the case before the Council of
Trade. The Council desires to know whether the Delegates were
unanimous in that address as they seem to set forth. Message ends.
Message from the Council suggesting an amendment to the bill
to appoint Court days. Resolved to instruct the Conferrers not to
accept it. Message to the Council. In reply to your message con-
cerning the King's lawyers, you seem to reflect that we are partial
in representing this grievance, though you know that we have
introduced a bill to remedy it. We have as great a respect for the
Royal prerogative as you, and we expected from you a more satisfac-
tory answer. We shall therefore leave the vote upon our Journals
to assert our liberties. Your question as to our unanimity in the
Address is so unparliamentary that we must decline to answer it.
Further address to the Governor. We think the matter of the
Piscattaway Indians so inconsiderable that we do not much regard
whether they come in or stay out. We leave it to your judgement
whether you write to Sir Edmund Andros, but we think it not
expedient* to prohibit these Indians from going to and fro in this
province, so long as they conduct themselves peaceably. As a
.means to induce them to come in, we suggest that the rangers at
frontier of Potomac may be called in, or that they may be so
stationed as to strengthen the frontier posts. .(<l<lr>x* W*.
Motion made for a committee to examine Gerard Slye's articles
against the Governor.
March 25. Address to the Governor. We beg to represent that the justices
and vestrymen of several counties have been arrested and brought
to Annapolis as grievous offenders, for very small faults. The
Provincial Court sitting in view strikes attorneys, jurors and
144 COLONIAL PAPERS.
1698.
suitors with an awful fear which is a restraint on liberty. Address
ends. Charles Carroll, of Lord Baltimore's land office, and Sir
Thomas Laurence's clerk appeared, pursuant to summons, hut
their dispute was referred to next Assembly. Bill to define the
boundaries between Anne Arundel and Baltimore Counties, and
Eliza Norman's private bill were read a first and second time.
March 26. Journal of Committee of Accounts read. The Council's proposals
on several matters debated, and resolutions passed, among others,
to evade the Council's request to peruse the Journal of the Com-
mittee of Grievances, to give orders respecting presenting the King
with certain wild birds, etc., to decline to have the laws put into
after language or amended by lawyers, and to refuse to appoint an
Agent for the Colony in England. Resolved to address the King
on the happy conclusion of peace and to write a letter of thanks to
the Archbishop of Canterbury; Message from the Governor.
Mr. Mason has been several times ordered to bring his accounts in,
and the Council looking upon his failure to do so thinks him unfit
for his station of Treasurer. Naval Officers who in like manner
fail of their duty will also be displaced. Second message from the
Governor, saying that the Council for the present postpones its
answer as to Indian affairs till it has received the report of the
Committee. Resolved thereupon to send that report to the Council.
Third message from the Governor. The address as to grievances
cannot be answered until the Journal of the Committee of Grievances
is sent up, and several other proposals answered. Answers of the
Delegates, that they decline to send the Journal as requested.
They are also satisfied with Mr. Mason's integrity and cannot
consent to his being displaced. Resolved that the Secretary and
Chancellor shall be allowed 150 Us. of tobacco a day during their
attendance on the Council in Assembly, but shall receive no other
salary. Philip Lynes's claim for entertaining several persons sum-
moned to attend Governor Copley in 1692, rejected. Other petitions
considered. [Board of Trade. Maryland, 15. pp. 229-252.]
March 21. 317. Minutes of Council of Maryland in Assembly. The
Governor summoned the Delegates to attend on the business of the
Indians ; but the house had adjourned. Three bills received from
the Delegates, also addresses respecting the Rangers, the ill-practices
of Popish priests, and the necessity for postponing a conference
owing to the Speaker's illness. Remarked that this postponement
is an unparliamentary proceeding. Report of the Indian Committee
read. Bill for restraining extortions of sheriffs read and additional
clauses proposed. Bill for reviving Cecil County Court's process
read and amendments proposed.
March 22. Message to the Delegates desiring a joint committee on the
Militia Bill, and their reply (see preceding abstract}. Order for
restoration of a ship seized in Patuxent river. Bill for stay of exe-
cutions read a second time ; bills for dividing St. Paul's and
Shrewsbury parishes and for enabling County Justices to levy
money, read a first time.
March 23. Mr. Mason's letter and accounts considered. Resolved that if he
cannot discharge his duties, another Treasurer should be appointed.
Accounts sworn to. The bills as to St. Paul's and Shrewsbury
AMEWCA AND WEST INDIES. 145
1098.
parishes, to empower County Justices to levy money, to revive
Cecil County Court's process, to restrain extortions of sheriffs and to
stay executions, passed their second reading. Bill as to parochial
libraries read a first time. Conference desired with the Delegates
about settling Courts. The resolutions of the Delegates upon
several proposals were read (set 1 j>recc<Uiifi abstract) and the following
remarks made thereupon. Servants have no redress against their
masters by way of petition. A conference is desired on the ques-
tions of ordinary-keepers, securing letters and the Militia Bill. The
Council further asked for the Journal of the Committee of Griev-
ances, and for answers as to the question of appointing an Agent in
England and for employing an able lawyer in England to improve
the wording of the laws. The Council's answer to the Delegates'
address concerning the King's lawyers (see preceding abstract).
Proposals to the Delegates that the Governor of New York be in-
formed as to the wandering Indians at the head of Potomac, and
that some way be settled for the distribution of the expected arms
and ammunition. Order for the contract for building the church
and school to be laid before the Delegates. Address to the Governor
from the Delegates as to redress of grievances read. Heads of
the matters to be discussed at the Conference with the Indians.
Message to the Delegates concerning their address about the Indians.
March 24. Several messages sent down to the Delegates. Bill respecting
Attorneys received from the Delegates and a conference desired
thereon. Conferences as to settling Courts ; wherein the two houses
could not agree. Conference of both houses on the business of the
Indians. The Speaker hoped that if the Piscattaways did not come
in, the Governor would not therefore make war on them ; to which
the Governor replied that if they did not come in he could not con-
sider them otherwise than as enemies. Message from the Delegates
summoning Sir Thomas Laurence to appear before them, on which
the Delegates were informed that he could not obey such summons
without the Governor's leave. It was remarked that the practice
of clerks keeping county records at their own houses was incon-
venient and dangerous, and that County Courts ought not to be kept
as ordinaries. Besolved that it is a matter of absolute necessity
to publish a proclamation that the country has satisfied all public
claims. Letter from* Sir Thomas Laurence enclosing a letter
written by him to the Speaker, in which he says that he does not
recognise the Delegates' authority to summon a Councillor to them
without the Governor's leave, but that he sends his clerk to give the
information required.
March 25. Addresses from the Delegates concerning the Piscattaway Indians
and Mr. Mason, and as to the Governor's reply to their address
concerning the King's lawyers. Message from the Governor pro-
posing to displace Mason. Bill for dividing Anne Arundel and
Baltimore Counties received and read a first time. Eliza Norman's
private bill received ; resolved not to pass it without perusal of all
the documents relating to it. Message from the Delegates declining
to consider a Militia Bill, and an address as to the arrest of justices
and others. Message to the Delegates disclaiming all responsibility
for evil consequences that may result from not passing the Militia
Bill.
146 COLONIAL PAPERS.
1698.
March 26. Conferrers appointed for the business about ordinary-keepers and
securing letters. Agreed that inns should be kept at all ports and
Court-houses and on the roads, and the inns on the roads, for their
encouragement, shall pay a reduced licence. Agreed that the
Governor issue a proclamation forbidding any persons to receive
letters from masters of ships without giving a receipt for them
and undertaking under penalties to deliver them. Report of the
Committee on Indian affairs read and approved. Messages from
the Delegates disapproving the dismissal of Mason, refusing to send
the journal of grievances, declining to alter the procedure of
Assembly, and asking for a fresh account of the arms, that now
before them being unsatisfactory. Messages from the Governor
requiring categorical answers from the Delegates to the report of
the Committee on Indian affairs ; and maintaining the right of the
Council to peruse the Journal of the Committee of Grievances.
[Board of Trade. Maryland, 14. pp. 263-293.]
March 22. 318. Minutes of Council of Barbados. Orders for sundry
payments on account of salaries and disbursements for military
service. Mr. Talbot Edwards produced a letter from the Board of
Ordnance, expressing their desire that all possible assistance should
be given to him towards despatching his survey of the Island.
Mr. Heberlands was summoned and asked why the survey had not
been finished, he having received all assistance that he desired ever
since October last. He answered that his survey of the Island and
bays would be complete in four weeks. [Board of Trade. Barbados,
65. pp. 343-345.]
March 23. 319. Minutes of Council of Jamaica. Thomas Finch presented
a deputation from the surviving patentee of the Receiver-General's
office. Order for a full Council on the 29th to consider the matter.
Order for distribution of 100 of the King's bounty, and for ;50
more to be paid to Colonel Stanton from the same. Orders for
sundry payments, including one for reimbursement of two English-
men who had transported themselves to Jamaica. Order for the
Naval Officers and others concerned in the Customs to attend next
Council to give the security and take the oath appointed by the Act
of Parliament. [Board of Trade. Jamaica, 79. pp. 80-82.]
March 24. 320. Minutes of Council of Nevis. Order for issue of writs
for the election of an Assembly. Two grants of land were passed.
[Board of Trade. Leeward Islands, 64. pp. 464-465.]
March 24. 321. Minutes of Council and Assembly of Antigua. On this
day, as on the 10th inst., the Assembly adjourned for want of a full
, Council. [Board of Trade. Leeward Islands, 64. p. 251.]
March 24. 322. Minutes of Council of Maryland. Peter Jenings laid
some difficulties in his instructions before the Council, who resolved
that at present one of his instructions could not be complied with.
He then presented and swore to his accounts ; after which it was
agreed to recommend to the Governor that particular ports for
loading and unloading should be appointed, which would end the
difficulty. Order for a new Commission of the peace to be issued
for Cecil County. Order as to bonds to be given and oaths to be
taken by Naval Officers.
AMERICA AND WEST INDIES. 147
1698.
March 26. Several lists of shipping sworn to. Orders as to registry of one
ship and entry of another.
March 28. Further lists of shipping sworn to. [Board of Trade. Maryland, 13.
pp. 435-437.]
March 25. 323. Minutes of Council of Massachusetts. The Address to
the King on the permission of appeals to Customs-officers was
agreed to and ordered to be engrossed. [Board of Trade. New
England, 49. p. 151.]
March 25. 324. John Usher to Council of Trade and Plantations. Since
Boston. mv last a vessel has been privately loaded with oars and despatched
by Mr. Partridge and those in the rebellion with a packet for
Whitehall. I know not what they have writ, but if they desire
confirmation of the present Government, that Government is anti-
monarchical. Partridge, by entering on the Government unqualified,
is for ever incapable, besides the 1,000 penalty. No doubt you
will give me opportunity to answer any complaints against myself,
though I can charge myself with nothing but asserting the King's
prerogative. If they have asked for remission of the 1,000 fine,
I can only say that they knew it must be 'paid, and that Partridge
has taken bonds from several for pajinent thereof. But, with
submission, I think that a far greater sum than 1,000 is due for
the affront and indignity put on the Lords Justices' orders. If
they ask for pardon under the notion of mistake or misinformation,
I answer that they know they have done what is wrong, and that
the crime is no less than rebellion, but that they hope to escape the
consequences through their distance from England. The orders
from Whitehall were published publicly in several places, so they
cannot plead misinformation. Since my departure they have bound
my sheriff over in 200 to good behaviour, turned out the loyal
officers of militia, put in such as are against Kingly Government
and set up a little commonwealth. I have tried to execute the
King's Commission and several orders, but I am laughed at. Had
I but fifty men I would soon try the power, but cannot do so alone.
I am informed that their reason for new modelling the militia is to
resist Lord Bellomont's coming by force of arms, for they say that
Partridge's commission and Lord Bellomont's are on equal ground
for the King, and that they shall show good reasons before they
submit. That is to say, unless their rebellion be countenanced, the
usurpers of the Government continued, and no penalty be imposed
on them, Lord Bellomont may come at his peril. You may think
what I have written too harsh and out of grudge. If their actions
be right, let them be excused ; but if they be against the King's
honour and dignity, let them be dealt with according to their
demerit. No news of Lord Bellomont yet. Signed, John Usher.
1 p. Endorsed, Reed. Read 25 May, 1698. '{Board of Trade.
New England, 9. No. 13 ; and 36. pp. 382-884.]
March 25. 325. Francis Eyles to William Popple. Of the two packets
received from you about a month since one was put on board the
Lecx (sic) frigate, and the other on the Ryswick, bound to Barbados.
The latter is not yet gone, and has also one of the packets sent by
148 COLONIAL PAPERS.
1698.
you on the 23rd inst. The other shall be sent by the first ship
that follows. Signed, Fran. Eyles. J p. [Board of Trade.
Barbados, 7. No*. 63.]
March 28. 326. Increase Mather to William Blathwayt. Thank you
Boston. for yours of 6 February, 1696-7. May I beg for your favour with
respect to the College. I should have been with you before this,
were it not necessary for me to await the Governor's arrival before
starting, in order to have his concurrence and countenance in that
for which I am to solicit. This last week we hear that he is at
Barbados, his ship having been blown off this coast. Pray improve
your interest at court that the law for incorporating Harvard
College (which was sent over this winter) may not come under
consideration until I am with you, which I hope to be in July or
August next. Signed, Increase Mather. 1 p. Endorsed, Reed.
Read 30 May, 1698. [Board of Trade. New England, 9. JVo. 14.]
March 28. 327. Mr. Secretary Vernon to Council of Trade and
Whitehall. Plantations. I have laid before the King your representation of
18th inst. as to the instructions for the commander of the
squadron to be employed for the suppression of pirates in the East
Indies. You will inform yourselves from the East India Company
how this squadron shall be supplied with provisions when the
stores they carry with them shall be expended, and in what places
they may depend upon being furnished with the said provisions,
which the King expects should be under their care. As to the
passing of an Act of Parliament here for the more easy and speedy
trial of pirates, the King would have you consult the Attorney and
Solicitor-General as to the heads of such a bill and lay the same
before him. You will consider whether by the said bill the support
and encouragement given to pirates by the American Colonies may
not be prevented. As to the proposed Treaty with the Emperor of
Morocco, you think that it would be of less use than to employ two
or three light ships to cruise in proper stations to intercept the
Sallee men-of-war. The King is informed that some ships of this
sort are to go with Vice-Admiral Aylmer. Signed, Ja. Vernon.
2 pp. Endorsed, Reed. Read 28 March, 1698. [Board oj Trade.
Plantations General, 4. No. 102 ; and 34. pp. 261-262.]
March 28. 32S. Journal of Council of Trade and Plantations. Governor
Goddard's letter of 22 September read.
Business of Newfoundland further considered.
March 29. Colonel Gibsone attended on the business of Newfoundland.
Representations thereupon agreed to.
The Governor of the East India Company attended, when Mr.
Secretary Vernon' s letter of yesterday as to the victualling of the
East India Squadron was read to them, and an extract from the
same given to them for their answer in writing.
Mr. John Smith presented a memorial proposing to discover a
silver mine in an uninhabited part of the King's dominions in
America.
March 30. Sir Charles Hedges attending was directed to draft an Act for the
easier trial of pirates in the King's dominions.
AMERICA AND WEST INDIES. 149
1698.
On the recommendation of the Lord Chancellor it was agreed to
recommend the appointment of John Corbet to the Council of
Antigua.
Representation as to Newfoundland signed (No. 333).
March 31. Mr. Simon Cole presented Mr. John Pym's letter of 19th inst.
and the Council drew up and signed a representation there-
upon.
Memorial from the East India Company received of this day's
date (No. 342) and sent to Mr. Secretary Vernon.
The representation as to Mr. John Corbet signed. [Board oj
Trade. Journal, 11. pp. 8-14.]
March 28. 329. Journal of House of Delegates of Maryland. Sundry
petitions considered. The Governor's message, disclaiming the
Council's responsibility for any evil results of not passing the
Militia Bill, and forwarding the heads of the proposed bill, read.
Motion that the heads be referred to next session rejected. Messages
to the Council upholding the right of the Delegates not to transmit
the Journal of the Committee of Grievances, and expressing an
opinion that their answer to the report of the Indian Committee
was sufficient. Address to the King on the peace approved.
Supplementary bill to the Act for regulating Ordinaries read a first
time ; Peter Dowdee's Naturalisation bill read twice. Resolved that
sloops and boats belonging to the Colony which have permits and
have given security may take in tobacco without further permit or
report to the Collectors or Naval Officers, provided this be not
repugnant to the late Act of Parliament. Bill for a Court to be
held in Cecil County read a first time ; supplementary bill to the
Act for Ordinaries read a second time. These bills with several
other papers were sent up to the Council, with an address com-
plaining that the accounts of the arms were unsatisfactory.
March 29. The bills sent up yesterday were returned from the Council, and
the amendments thereto were accepted. Message from the Governor
and Council saying that the grievances of the province ought first
and principally to be communicated to the Governor and Council,
and asking for the journal of the same. Answer of the Delegates,
declining to lay the grievances of the country before the Governor
and Council in any other way than they have done. Message from
the Governor again asking for a categorical reply to the report of
the Indian Committee. Answer of the Delegates asking that they
may not be unnecessarily detained any further on account of this
matter. Certain proposals of the Council considered, and answered
as follows. We think it unnecessary to pass an Act to confirm
what has been done in altering the methods of the
Assembly, and we disagree as to passing an Act against
those who entice people from the province. The explanation
of our vote on the Militia Bill is that it should not be referred for
consideration at all. The Act alluded to in our resolution
respecting sloops and boats is the late Act for preventing frauds.
Our note respecting ferries is to apply to them all. Answer* end.
Several questions in the letter of the Council of Trade considered,
upon which it was resolved as follows. We cannot encourage the
settling of disbanded soldiers unless they are traders or possess
150
COLONIAL PAPERS.
1698.
sufficient stock to procure land, etc. We think that, in view of our
poverty, an Agent for the province in England would be wholly
useless. White servants who have served their time are well looked
on and are provided by their masters with clothing and necessaries
for one year. The industrious and frugal thrive, and the negligent
and careless have the same fate here as elsewhere. Bill to decide
disputes between masters and servants read a first time. Sundry
petitions considered.
March 30. Bill as to masters and servants received from the Council and
read a third time. The Council desired a conference on the bill
concerning Attorneys. Message from the Governor commanding
the House, since it will not pass an Act to confirm the Assembly's
proceedings, to answer four of Gerard Slye's articles categorically,
since, if they be true, the proceedings since that time must be
erroneous. Resolved that the House will not answer, since it con-
ceives that it is not affected by Slye's difference with the Governor.
Message sent to the Governor accordingly. On a further proposal
of the Council, resolved to adhere to the previous resolution against
making a law to restrain the enticing of people from the province.
On the Council's remonstrance that it cannot treat the grievances
of the country as such, while presented to it as at present, resolved
that if the Governor think thus, he denies the Delegates their
rights. As to the Governor's command that the Delegates answer
the report of the Indian Committee categorically, resolved that the
Delegates have made a sufficient answer and desire that they may
not again be pressed herein. Bill for a public levy read once ; bill
to revive expiring laws read twice. The Attorneys' Bill passed third
reading.
March 31. Act to continue expiring laws received from the Council, and the
amendments agreed to ; the Attorneys' Bill also received. Message
from the Council. The four articles of- Slye against the Governor,
if true, affect the whole Government, so the Governor thinks that
he has the right to command your compliance to his orders in
respect thereof. Answer of the Delegates, that they adhere to their
former resolution in the matter. Message from the Council, dis-
claiming all responsibility for the consequences of not passing an
Act to prevent people from being enticed from the province.
Further message from the Council. An answer is requested to the
question whether a letter shall be sent to .the Governor of New York
respecting the Indians. If you think that the Susquehannah
Indians are outside this Government, the Governor will have
nothing to do with them. Answer of the Delegates. We think a
letter to the Governor of New York unnecessary, and we do think the
Susquehannah Indians outside this Government. Fourteen bills
passed through the final stage. Message from the Council. We have
gone carefully through the messages exchanged over Indian affairs
and find you have given no answer whether the proceedings of the
Indian Committee appointed last October are approved or not, nor
whether the letters from Sir Edmund Andros and his Council are well
or ill. You say you think the Piscattaways inconsiderable enemies :
the inhabitants on the frontier think otherwise. If hostilities should
ensue, the Governor thinks that some of you who hold that opinion
should accompany him. He wishes he could see reason to dismiss the
AMERICA AND WEST INDIES. 151
1698.
rangers, and does not doubt that if the Piscattaways were resident
in this Government he could reduce them to obedience. Also he
thinks that when he issues orders in the King's name and not con-
trary to law, all persons should obey them. If you desire to end
the Session, you should do what you met together to perform.
Message ends. Answer of the Delegates, that they adhere to their
former resolves, and ask that they may not be longer detained on
account of these questions. Further message from the Council.
You have given no direct answer whether the negotiations with the
Susquehannah Indians shall proceed, as ordered by last Assembly,
or not. If you do not confirm that order, it will not be acted
on. Sir Thomas Laurence represented to the Speaker certain
matters concerning fees to be paid in the Plantation Office. The
House was of opinion that it had sufficiently qualified Mr. Povey to
deal therewith.
April 1. Journal of the Committee of Accounts read, and resolutions
passed thereon. Message to the Governor asking for sanction of
certain payments out of the money now in bank. Answer of the
Governor refusing to comply, owing to the House's refusal to obey
the directions of the Council of Trade, to appoint an Agent, to
employ a lawyer to improve the laws, and to make any allowance
for payment for business done for the country. Further message
from the Governor. The bill to continue expiring laws differs from
that which we sent down, therefore we require the original for
comparison. The address to the King is neither written handsomely
nor on good paper. Two sheets of gilt paper are sent herewith ;
but it may be necessary to add some further clause respecting
Lord Baltimore's rumoured restoration. Answer of the Delegates.
The alteration in the bill referred to was accidental ; we send the
original. The address shall be re-written, but the rumour as to
Lord Baltimore gains credit, so we think it would be presumption
to address the King on the subject. Answer ends. A mistake being
found in Mr. Mason's accounts, resolved that no advantage shall be
taken by reason of mistake in any numerical figures. Orders as to
payments. Message from the Governor as to the levy-bill, and a
second message enclosing copy of part of his instructions to show
why he cannot assent to the bill to revive expiring laws in its present
form. Answer of the Delegates, that if the Governor cannot pass
the bill, they cannot consent to alter it. Criticisms of the Council
on certain items of the accounts, and the Delegates' answer thereto.
Message to the Governor, asking him to end the Session, as all
business was done.
April 2. Message from the Governor, saying that since the House will
not alter the bill to revive expiring laws, he cannot pass it. As to
Mr. Sewell's sermon, for which the Delegates refused an allowance,
the Council think themselves as good judges as the Delegates. The
gross reflections upon the Council, pretended to be razed from the
Resolutions, are very ill-resented and call for public satisfaction. The
Clerk of the Council ought to receive the same allowance for assis-
tance as the Clerk of the Delegates ; and the Governor is resolved
to assent to no allowances that are not equal and just. Meanwhile
the Delegates have neglected the letters from the Navy Office and
Ordnance Office, and the answer to be sent to Mr. Bray. Protested
152 COLONIAL PAPEKS.
1698.
bills cannot be allowed to stand in accounts. It is proposed that
the Council and Provincial Justices be paid out of the overplus
tobacco. The Governor expected that some remarks would have
been made on Mr. Plater's and Mr. Muschamp's accounts, which
has not been done. As to the joint Committee to apportion the
public levy, Lord Baltimore's precedent will not be accepted. The
Council think they have a right to a voice therein as also in
the Committee of Accounts ; and if the Councillors first nominated
be not inserted first on the Committee for the levy, the levy bill
will not be passed. As to putting an end to the Session, this would
have been done long ago, had the Delegates accepted the methods
proposed to them. Message ends. Answer of the Delegates. As
to Mr. Sewell, it is for us to disburse the public money, and we are
the best judges. We erased certain passages of our Journal from
tenderness to the feelings of the Council. As to your Clerk and
what you call a Committee, the people summoned by you durst not
debate freely, having no authority from the country ; we can there-
fore make no allowance to your Clerk for his services therein. The
salary that we fixed for him was understood to cover all his claims.
We cannot answer the letter of the Navy Office without reference to
Mr. Edward Randolph. We have sent for Mr. Bray's letter. As
to the protested bill we hope that for the honour of the House you
will allow payment thereof. As to the payment of the Councillors
we agree, so far as the overplus tobacco will extend. We also agree
to your proposal as to the levy law. We make use of no precedents
of Lord Baltimore's time. Two of the Council were added to the
Committee of Accounts, but not admitted, being denied their votes ;
nor did they ever sit on the Levy Committee till last Assembly.
Not being elected they have no 'right to dispose of the public
assessments, and if you will not consent to the law as proposed, we
can consent to no alteration. We have always answered your pro-
posals according to the sense of this House, if not always to your
satisfaction. We do not think it worth our while to look back over
the accounts of Governor Copley's time. Answer ends. Report of
the Committee on the threepence per hogshead for arms read and
sent up to Council. Message from the Governor to the House to
attend him, after which the following speech and proposals from
the Governor were considered. We think that your Address con-
cerning the King's lawyers has been answered sufficiently, indeed too
mildly, considering that you call the Royal prerogative in question.
Read Coke's report on the case of Lord Chief Justice Heath. You
mention your rights and liberties. The Governor would be glad to
know the particulars of them, and would recommend you to study
those enumerated in an Act of Parliament of the first year of
William and Mary. I know of no custom in this country which
amounts to common law ; if you know of such you are required to
shew it. I do not believe that such an Address was assented to by
all the Delegates ; I should have been informed of the number of
yeas and noes. As to your serjeant-at-arms, I know of no such
officer and take it as high presumption that he takes such a title.
As to your leaving your vote on your journal, it will remain a
monument of your despotic inclination, of which your resolution on
Mr. Lynes's petition, which would determine a point of law contrary
AMERICA AND WEST INDIES. 153
1698.
to Act of Assembly, and several more of your actions, are examples.
There are many uncertainties and inconveniences in your votes. We
have passed all your addresses and resolves about grievances ; but
the practice in Virginia is for the inhabitants to set up their
grievances under their hands at the Court houses, for the Burgesses
to carry up to the Assembly. Unless you can so authenticate
your alleged grievances, they can only be taken as evidence
of malice and sedition. You represent the arrest of several justices
and vestrymen as a grievance. I desire to know their names, so
that, if they have been illegally treated, they shall have right and
justice done them. You do not imagine that justices and vestry-
men are not amenable to the law. I pledged myself at the opening
of the Session to support all men employed under the King here, if
they behaved themselves well, and if there be anything" wanting
that is reasonable 1 will pass a law to that effect. But the reason
why many justices and vestrymen are contemned by the vulgar is
that they suffer themselves to be abused in open Court, permit
swearing, quarrelling and drunkenness in Court times, and in five
counties have allowed themselves tobacco out of the County-levy
contrary to law. I am surprised to hear that my sitting in view of
the Provincial Court strikes terror into attorneys, jurors and suitors.
It cannot do so to honest men, though I hope that it may to knaves.
Some of the Kings of England have sat in Westminster Hall, and
have attended Courts as spectators, and I do not understand what
you mean by being restrained from your liberty, for I hope that I
have not been guilty of injustice in or out of the Courts. If I have,
I wish you to prove it. As to the expiring laws, your opinion
that a prorogation is in strictness of law the end of an Assembly
seems to be odd, dangerous and unprecedented, and if I should com-
ply with your request to collect the imposition laid by five certain
laws I should be guilty of dispensing with those laws. As to your
reproach, that I will not redress your grievances and that I deny
your rights, if you can accuse me of such things, I expect you to do
so to the King or the Council of Trade. Mcssaf/e onls. Further
message of the Governor in Council. On the answer received from
you to-day (1) We cannot take the blame if the bill to revive expiring
laws be not passed, for the passing of it as it stands
would be contrary to the Royal instructions, which have been
communicated to you. (2) As to Mr. Sewell, you have the
power of raising money, but not of disposing of it without
the consent of the Governor and Council. (8) As to your reflec-
tions on the Council, your answer is as ill-resented &s the reflections
themselves. (4) As to the Committee on Indian affairs, I have the
right to summon any number of men for the King's service. If the
report that they durst not debate freely be not proved on oath, I
look upon it as false and scandalous. (5) As to our Clerk, he was
placed on the same footing as the Clerk of the Delegates, and if
. extra allowance be made to the one, it ought to be made to the
other. (6) As to the protested bill, it does not consist with the
honour of your House that the matter should bo Referred. (7) The
payment of the Council from the overplus tobacco is not assented to
unless they be proportionately allowed out of the same. (8) I can-
not assent to the levy law unless the number of Councillors already
154 COLONIAL PAPERS.
1698.
Dominated be inserted in the bill, or unless (as in Virginia) the levy
is apportioned in Assembly time. (9) The Governor denies that he
keeps you here to constrain you to measures contrary to your wishes.
Such an accusation should be made to the King or the Council of
Trade. Message ends. Answer of the Delegates. We have considered
your remarks and proposals, and on perusing our votes and proceed-
ings find them so modest that we see no reason to recede from them
and shall leave them on our journals. The words serjeant-at-arms
were a mistake, and ought to have been "a messenger in the nature
of a serjeant-at-arms." We have acknowledged our error in sum-
moning the Clerk of Council and the Secretary without your leave.
We have appointed Mr. Philip Clarke to draw up oaths for the
principal officers and grand jury, against next Assembly. As to
the overplus of tobacco, we desire to admit of no novelty.
Answer ends. Message from the Governor. (1) I cannot consent
that your journal should record that I consented to the
adjournment of the House to the Speaker's chamber at
any ordinary. I was only told of it after the adjournment
had been made. (2) I have appointed a Committee to examine
the papers respecting the protested bill, to report thereon
against next Session. (3) As to the overplus tobacco, if I under-
stand your meaning aright, I will consent to pass the allowances
granted by you, on certain conditions. (4) Upon your whole
answer I notice that it is not nemine contradicente that some of you
have given up a part of your infallibility. I expect that you will
assert the same to the King and Council of Trade, when I doubt
not to make you appear a little fallible. A letter from you,
supposed to be for the Bishop of London, has been received and
read. I scorn to have my reputation and honour supported by some
of you ; I rather look upon it as a scandal, for I can prove one of
you to be a villain on record, and the lives of many of you are
known not to be agreeable to truth and justice. [Board of Trade.
Maryland, 15. pp. 252-294.] f
March 28. 330. Minutes of Council of Maryland in Assembly. Heads
of the Militia Bill drawn up and sent to the Delegates. Report of
the Committee on the Church and free schools read ; resolved to
agree with the Delegates except on one point. Resolved that the
export duty on European goods sent to Pennsylvania is no obstruc-
tion to the export of the said goods from England. Order for
vacation of a Navigation bond. Bill for holding a Court in Cecil
County and a supplementary bill to the Act for Ordinaries read a
first time. Two petitions considered. Remarks on certain resolu-
tions of the Delegates. (1) We agree as to the payment of the
Secretary and Chancellor in future, but their present claims must
be discharged. (2) The votes as to the Militia Bill and as to sloops
and shallops require explanation. Copies of the accounts of the
revenue sent down to the Delegates. Message from the Delegates
refusing to send the Journal of the Committee of Grievances.
Answer from the Council insisting on their right to see it. Dowdee's
Naturalisation bill read a first time and amended. Messages and
proposals to the Delegates (see preceding abstract, 29 March).
AMERICA AND WEST INDIES. 155
1698.
March 29. Message to the Delegates, bringing to their notice a case of
enticing people from the province. Joint Committee requested
for viewing the records. Bill as to disputes between masters and
servants read a first time. Message from the delegates as to
disbanded soldiers, appointment of an agent, treatment of white
servants and other matters (see preceding abstract under date).
Message to the Delegates about Gerard Slye's articles (sec ibid.
30 March). The Delegates' answer as to the Indians. Messages
to the Delegates, explaining the former message as to enticing
inhabitants from the province, and as to Indian affairs. The
Attorneys' Bill referred for a conference.
March 30. Report of the conferrers on the Attorneys' Bill read and
approved, and the bill read a second time. Proclamations for
thanksgiving and against Romish priests read and approved. Bill
to revive expiring Acts read a first time. Remarks of the Council
thereon. Answers of the Delegates as to Gerard Slye's articles and
other matters ; with the further messages of the Council and
replies of the Delegates thereto (see preceding abstract).
March 81. A complaint from Pennsylvania about the duty of 10 per cent.
levied on women -servants and guns transported thither, referred to
the Delegates, also the complaint of Prince George's County about
the menace of the Piscattaway Indians. Answer of the Delegates
as to Slye's articles and Susquehanuah Indians. Message to the
Delegates, asking for the return of the papers relating to Slye, and
commanding any members who pretend to justify his charges to do
so in writing. Sir Thomas Laurence represented that Mr. Povey and
Mr. Blathwayt had not been rewarded. Indian matters again
considered, and a message of remonstrance thereon addressed to
the Delegates, who replied that they wished not to be detained by
that business. Answers of the Delegates as to Mr. Povey and
Mr. Blathwayt. Remarks of the Council on the bill for reviving
expiring laws. Message to the Delegates respecting their address
about the King's lawyers (see preceding abstract, 2 April).
April 1. The Journal of the Committee of Accounts considered. Remarked
that some Delegates have larger travelling allowances than the
Councillors, that Mr. Sewell's allowance is refused, that some of the
Delegates' boys are admitted as Clerks, and that allowance is made
to two persons for their protested bills. Messages from the
Delegates desiring the disposal of some money in bank, that they
do not contemplate reviving any expiring laws for more than three
years, and that they think it presumptuous to address the King as
to the rumour of Lord Baltimore's restoration. Message to the
Delegates, refusing the disposal of the money requested, in conse-
quence of the Delegates' recalcitrance. Further messages to the
Delegates as to adding Councillors to the Committee for apportion-
ing the levy, and forwarding the Royal instructions as to expiring
laws. Message from the Delegates asking for the Session to be
ended. Further message from the Delegates, refusing to give way
about expiring laws, granting the travelling expenses of Councillors,
urging that Mr. Sewell's sermon was unsatisfactory and defending
the employment of a Delegate's servant as clerk as being an
encouragement to learning. Answer of the Council to these argu-
ments. (S,'<< pr.Tfdinfi abstract, 2 April.) Order for certain rangers
to be disbanded and for others to be raised.
156
COLONIAL PAPERS.
1698.
April 2. Answer of the Delegates to the Council's criticisms, with the
Council's rejoinder thereto, and the Governor's final message.
(See preceding abstract.) [Board ot Trade. Maryland, 14. pp. 294-
339.]
March 29. 331. Minutes of Council of Jamaica. A dedimus, empower-
ing the Council to administer to the Governor the oaths appointed
by the Act for regulating the Plantation Trade, was read, and the form
of the oath set out. The Governor explained that the dedimus had
been addressed to the late Receiver-General and had come to his
hands on the 23rd inst. Some debate arose whether, owing to the
time being elapsed, the Council could tender the oath, but it was
finally resolved to tender it. The Governor thereupon handed in a
paper, pointing out that the oath prescribed in the dedimus was not
wholly consonant with that prescribed in the Act for regulating the
Plantation Trade, since that Act mentions certain specified Acts
which the Governor shall swear to execute, whereas the dedimus says
"All other Acts that relate to the trade of the Plantations." To such
an uncertainty no man could honestly swear, and he therefore pro-
posed to take the oath if he were allowed to add that he would do
his best to execute the Acts specified in the Act for regulating the
Plantation trade, and any other Acts that might come to his know-
ledge. The Council declined to allow him to make any such an
addition. The Governor thereupon issued a declaration repeating
his readiness to take the oath to do his best to execute the Acts, but
that he could not swear to execute that which he did not know nor
statutes which though existing seemed to be obsolete, and that he
must throw himself on the King's mercy if he incurred the penalty
of 1,000 appointed by the Act. Thomas Finch was rejected as
unfit to execute the Receiver-General's office and Charles Chaplin
was appointed in his stead. Orders for several payments. The
Governor again offered to take the oath, with an addition to save
his conscience, but the Council refused to allow the oath to be added
to or altered. [Board of Trade. Jamaica, 79. pp. 82-89.]
March 29. 332. Minutes of Council and Assembly of Nevis. The ten
members of the Assembly were returned and sworn. James Bevan
was chosen Speaker. Four patents for land passed.
Three patents for lands passed. [Board of Trade. Leeward
Islands, 64. pp. 465-466.]
333. Council of Trade and Plantations to the King. In
obedience to your order in Council of 17th inst., we have examined
the condition of Newfoundland, and find that at St. John's two
forts of nine and five guns have been erected on either side of the
harbour s mouth, and a fort of sixteen guns within the bay. At
his departure Colonel Gibsone left them twelve officers and 289 men,
including sick men, of his own regiment, and twenty-nine officers
and men of the train of artillery. After consultation with Colonel
Gibsone and Captain Norris we recommend that these fortifications
be made more perfect, and that two other small batteries be erected
within the harbour, not far from the outermost batteries. For
defence of these forts and batteries the least number of men judged
necessary is forfcy-three privates, besides non-commissioned officers,
AMERICA AND WEST INDIES. 157
1698.
under a lieutenant and an ensign, one master gunner, six gunners
and a store-keeper. Provisions being dear and the climate bad in
Newfoundland, the pay and subsistence of the soldiers there should
be as follows, viz., the value of Qd. per diem the first cost in pro-
visions, 2d. per diem for clothing, and 2<Z. for expenses, with a
proportionable allowance to the officers ; and the Ordnance Office
should take similar care for the maintenance of the gunners and
others belonging to the train. All the other officers and soldiers,
as also the other attendants of the train, should return to England
by the first convoy, receiving an allowance of provisions during
their passage, unless your Majesty send money to discharge such
men as may be willing to stay on the place or dispose of themselves
elsewhere in the Plantations. Provisions for one whole year should
be sent out by the Victuallers of the Navy by the usual convoys,
also money to pay them until the coming away of the convoys,
with an abatement of so much per diem as the provisions furnished
to them shall have amounted to, not exceeding 4J. per diem for each
man's allowance, until they come upon the new establishment, also
a competent sum towards the subsistence of the officers and soldiers
until the return of the convoys next year. To complete the old and
erect the new fortifications workmen should be sent from England with
bricks sufficient to face the works, and as much lime and planks
(to be taken in as ballast by the merchant ships) as the Ordnance
Office, after consulting with the engineers, think necessary. A
chain of 95 fathoms, with a boom, should also be sent from hence,
to be so fitted that it may be drawn across the harbour in the place
where the batteries now stand ; also an iron bridle and a capstan
for heaving the boom across. The engineer now there should
inspect this, for the better effecting of this work, during the present
summer ; the seamen of the convoys and the soldiers should also
assist therein, receiving some extraordinary allowance in brandy
during their work. When this work is completed the soldiers may
be allowed to work at convenient times in the fishery or other-
wise, for their greater encouragement ; but the officers shall have
no power over the planters or fishermen except to summon
them together for common defence in case of actual invasion.
The foregoing we think necessary for the preservation of this
important trade and country, the returns whereof have generally
amounted to the value of i'300,000 annually to this kingdom.
Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Abr. Hill. [Board of Trade. Newfoundland, 25. />/>. 184-188.]
March 80. 334. Minutes of Council of Maryland. A collector's petition
for a warrant of assistance for pressing men and horses was referred
to the law-officers for report; the same collector's report for
erection of houses to hold landed goods was ordered to be referred
to the Commissioners of Customs.
March 31. A letter from the Commissioners of Customs respecting certain
Scotch traders was read, and communicated to the Collectors and
Naval Officers.
April 1. Samuel Holdsworth produced a deputation as prize-agent for all
prizes in Maryland, superseding that of Peter Jenings, and asked
that Jenings should make over all accounts of that office to him;
158
COLONIAL PAPERS.
1698.
April 2.
March 81.
Whitehall.
March 81.
Kensington.
March 81.
Kensington.
March 81.
Kensington.
which question was referred to the law-officers. Order for the
Court of Appeal to sit on 14th inst. Letter for discharge of the
rangers in Baltimore County signed. Order for Colonel Addison
to enlist ten men to strengthen the rangers on the frontier-
plantations ; the old rangers to continue till the new be equipped.
Two justices of the Provincial Court obtained leave to go home.
Resolved that masters of ships may be allowed to register their
ships, on making oath who are the owners. Agreed to represent to
the King that the rumours of Lord Baltimore's restoration cause
much unrest, and that his restoration would do much mischief not
only to the Protestant Church, but to the good frame and constitu-
tion of the Courts of Justice. Ninian Beale and Richard Owen,
offering themselves as officers of rangers, were referred to Colonel
Addison. Robert Mason put out from being sheriff of St. Maries
County and a new sheriff appointed. Agreed to recommend John
Hammond, Richard Hill, Thomas Tasker, and Francis Jenkins, as
candidates for Council. Order as to duplicates of records to be
kept by Naval Officers. Order for the law-officers to report as to the
powers of surveyors under Edward Randolph's commissions. The
Council asked the Governor to form the Military Commissions
and instructions when the arms come in. William Bladen was
sworn Surveyor and Deputy Collector for Annapolis. [Board of
Trade. Maryland, 13. pp. 437-446.]
335. Council of Trade and Plantations to the King. Having
received advice from Governor Codrington that the number of
Councillors in Antigua is at present under twelve, we recommend
the appointment of Mr. John Corbet, who is now upon his depar-
ture thither, to be a member of the Council. Signed, J. Bridge-
water, Wm. Blathwayt, John Pollexfen, Abr. Hill. '[Board of Trade.
Leeward Islands, 45. p. 176.]
336. Order of the King in Council. Appointing John Corbet
to be of the Council of Antigua. Copy. %p. Endorsed, Reed.
28 April, Read 6 May, 1698. [Board of Trade. Leeward Islands,
5. No. 78; and 45. p. 181.]
337. Order of the King in Council. Approving the repre-
sentation of the Council of Trade of 30th inst. (No. 333), and
ordering (1) that the Treasury prepare an establishment of officers
and men for the garrison to be left in Newfoundland, and for
issuing such sums as are needed for the provisions and other
charges specified in the representation. (2) That the Master
General of the Ordnance give the necessary orders for the preserva-
tion of the old fortifications and erection of the new in Newfound-
land, for maintenance of the store-keeper and gunners of the train
that are left there, for bringing home the rest of the attendants of
the train, as also for sending the necessary workmen and materials
and for such other matters as lie within the duty of the Office of
Ordnance. Copy. 1 p. Endorsed, Reed. 6, Read 9 April, 1698.
[Board oj Trade. Newfoundland, 3. No. 98 ; and 25. pp. 191-
192.]
338. Order of the King in Council. Approving the proposals
of the Council of Trade in their representation of 30 March (No. 333)
AMKKICA AND WEST INDIES.
159
1698.
March 81.
Cockpit.
March 31.
Kensington.
March 31.
Leghorn.
March 81.
East India
House.
as to the pay and subsistence of the garrison to be left in Newfound-
land, the bringing home of the rest of the men, the sending out of
provisions for one year by the convoys, and the extraordinary
allowance for soldiers and seamen working on the fortifications; and
directing the Admiralty to give the necessary orders as to victuall-
ing. Copy. 1 p. Endorsed, Reed. 6, Read 9 April, 1698. [Board
of Trade. Newfoundland, 3. No. 99 ; and 25. pp. 193-194.]
339. Council of Trade and Plantations to the King. Since
presenting our representation on the defence of Newfoundland we
have intelligence from the Western ports that several foreign ships
are going from Spain and Portugal to the fishery, for the better
carrying on of which they have seduced and hired many English
subjects. The undertakers hope thereby to instruct themselves in
the trade to the lessening of ours, by vending the manufactures of
Europe to the English there and supplying themselves with fish,
which hitherto they have always received from us. To prevent
this we beg that you will order the Admiralty to direct the Captains
of the men-of-war going as convoys to Newfoundland to take all
English subjects out of foreign ships that are found on the coast to
the North-Eastward of Cape Race, and to hinder all foreign ships
from trading and fishing between Cape Race and Cape Bonavista,
within which limits the English have their usual settlements and
fishery. Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt,
Jno. Pollexfen, Abr. Hill. [Board of Trade. Newfoundland, 25.
pp. 120-101.]
340. Order of the King in Council. Approving the represen-
tation of the Council of Trade of same date (see preceding abstract),
and ordering the Admiralty to give instructions to the commanders of
the convoys to Newfoundland accordingly. Copy. % p. Endorsed,
Reed. 6, Read 9 April, 1698. [Board of Trade. Newfoundland,
3. No. 100 ; and 25. pp. 194-195.]
341. Copy of a letter from Leghorn to Samuel Lockley,
merchant. Mr. John Barrow, who acts here as Consul, has given
a patent to a Jew here for a French-built ship to go under English
colours to Newfoundland and back hither. This ought not to be
suffered, for it will spoil all our trade there and ruin our merchants
if Jews and foreigners are allowed to trade direct to these parts.
We have therefore advised you, that you may take measures to
stop these designs and hinder these projects, for the preservation
of our fish trade. Signed, Arundel, Shepheard and Mitchell,
Partners. 1 p. Endorsed, Communicated by Mr. Lockley. Reed.
18, Read 20 April, 1698. [Board of Trade. Newfoundland, 3.
No. 101 ; and 25. pp. 202-203.]
342. The East India Company to Council of Trade and
Plantations. In reply to your questions how the squadron designed
for the suppression of pirates shall be provisioned, which service
the King expects to be under our care, we answer as follows. We
have no settlement at Madagascar, but are well informed that if the
squadron takes in salt here, or at the Isle of May 011 its way thither,
it may have other provisions at Madagascar at very reasonable
160
COLONIAL PAPERS.
1698.
March 31.
Cockpit.
March 31.
Kensington.
April 1.
Boston.
April 1.
April 2.
rates an ox for a dollar or two, and goats, rice and caravances
proportionally cheap, to be purchased with pieces-of-eight. If the
squadron proceed to the coast of India and touch at Bombay, Surat
or any other of our factories we will take care that the Commodore
shall have such credit as may be necessary for further supplying
his ships, the Commodore giving bills on the Victuallers for the Navy
for repayment. We believe, however, that if the squadron returns
by way of Madagascar (which it would be very necessary for it to
do) it would have little occasion for any supply except for some
fresh provisions to the commanders. Signed, Ho. Blackborne,
Secretary. Copy. 1^ pp. Endorsed, Reed. Read 31 March, 1698.
[Board of Trade. Plantations General, 4. No. 103; and 34.
pp. 263-264.]
343. Council of Trade and Plantations to Mr. Secretary
Vernon. In fulfilment of the King's commands in yours of 28th
inst. (No. 327) we have been attended by the East India Company,
and have endeavoured to satisfy them of the fitness and necessity
of their taking under their care the supplying of the squadron
(designed chiefly for the protection of the East India trade) with
the provisions which it will require in the East Indies. We enclose
their reply (see preceding abstract). Signed, J. Bridge water, Will.
Blathwayt, John Pollexfen, Abr. Hill. ' [Board of Trade. Planta-
tions General, 34. p. 265.]
344. Order of the King in Council. That proper seals be
prepared for Virginia, Bermuda and New Hampshire, and that the
Council of Trade give directions accordingly. Signed, John Povey.
i p. Endorsed, Reed. 5 April, 1698. [Board of Trade. Planta-
tions General, 4. No. 104 ; and 34. p. 266.]
345. The Secretary of Massachusetts to William Popple.
Advising the despatch of originals and duplicates of Minutes,
Journals and Acts. Signed, Isa. Addington. 1 p. Endorsed,
Reed. Read 25 May, 1698. [Board of Trade. New England, 9.
No. 15 ; and 36. pp. 381-382.]
346. Minutes of Council and Assembly of Nevis.
from the Assembly to the Council, asking for a joint Committee to
revise the laws of the island confirmed by the King, to redraft such
as need it and to draw such new bills as are necessary. Committee
appointed accordingly. On the proposal of the Council the
Assembly agreed to billet the soldiers for two months longer. The
Assembly sent four bills to the Council for concurrence, which were
agreed to ; and agreed to raise a small levy to pay the public debts.
The Assembly offered a bill for Assemblymen to serve when chosen,
which was agreed to. On Major William Butler's refusal to serve
in the Assembly a writ was issued for the election of another
member. Six Acts were passed this day. [Board of Trade.
Leeward Islands, 64. pp. 466-468.]
347. Minutes of Council of New York. The Earl of Bello-
mont's commission as Governor was read, and Colonel Fletcher
after delivering up the seals withdrew. The Earl and the
Lieutenant-Governor were then sworn, also the members and Clerk
A AND WEST INDIES. 161
1698.
of Council. Resolved to issue proclamations for the dissolution of
the Assembly, against vice and profaneness and for confirming
officers in their places. [Board of Trade. New York, 72. p. 88.J
April 2. 348. Lieutenant-Governor Stoughton to Council of Trade and
Boston. Plantations. The winter has been so severe that the harbours have
been frozen up, and several ships have been driven off the coast by
the violence of winds and weather. I have heard from Lord
Bellomont at Barbados (to which place his ship was forced) that he
intended to sail for New York on the 17th February, but he had not
arrived there by the 22nd of March, so 1 suppose that he was
detained at Barbados. On the 22nd of February the Indians sur-
prised and killed five English at Andover, a frontier-town, and
burned three houses and barns, entering the town at night to the
number of forty. The careless inhabitants were supinely secure,
thinking that the Indians would observe the peace, or be kept still
by the extremity of the cold. They therefore neglected their
watches, and the Indians took the advantage. I at once sent one
hundred men upon their track, but after ten days' pursuit they were
obliged by the violent cold, snow and rain to return, being unable
to endure lying abroad in the woods. There has been no appear-
ance of Indians since they observe the guards to be on duty. Signed,
Wm. Stoughton. f p. Endorsed, Reed. Read 25 May, 1698.
[Board of Trade. New England, 9. No. 16 ; and 36. -pp. 379-
381.]
April 4. 349. Journal of House of Delegates of Maryland. Mr.
Hutchison was appointed to draw up an answer to the last message
of the 2nd inst. The House went up to the Council Chamber, when
the Governor assented to all the bills except the reviving bills of
the public levy, and prorogued them to 3 May. [Board of Trade.
Maryland, 15. pp. 294-295.]
April 4. 350. Minutes of Council of Maryland in Assembly. The
Council observed that by failing to send an answer to the last
message on the 2nd inst., the Delegates had cost the country
20,000//w. of tobacco more than they need, which was probably
done on purpose by some of the members who are Provincial
Justices and Attorneys of the Provincial Court which is to sit to-
morrow. A messenger was despatched, who reported that the
Delegates had adjourned to the Speaker's Chamber but would
shortly adjourn to the State-house. The Governor then told the
Council what he proposed to say to the Speaker ; after which
William Bladen gave evidence of Philip Clarke's extravagant
language and behaviour relating to the Assembly. The Governor
then addressed the Delegates, telling the Speaker that he had broken
his promise to keep the Royal prerogative untouched, that the
House had by its action claimed arbitrary and unbounded power,
that though they had freedom of debate they must not give out or
declare anything to the disturbance of the King's Government,
that they must not be so confident in promising what great things
they would do, and that, in spite of human opposition, what he
had undertaken had prospered. And therewith he prorogued them
to 3 May. [Bounl f Trail: Maryland, 14. pp. 339-343.]
162 COLONIAL PAPERS.
1698.
April 4. 351. Journal of Council of Trade and Plantations. Mr.
John Smith brought two witnesses to confirm his report of the
discovery of a silver-mine and promised to draw up a fuller memorial
thereupon.
Sir William Beeston's letter of 13 December last read.
April 6. Sir Charles Hedges presented a draft Act for the trial for pirates
in any of the Plantations. Order for the Attorney and Solicitor
General to attend thereupon on Friday next.
Order in Council of 31st ult. as to seals read, and Mr. Harris
ordered to attend on Friday next.
Sir William Beeston's letter of 9 December last read. Order for
the Secretary to enquire of Mr. Gilbert Heathcote who is the Mr.
Harris that is mentioned in the letter.
A letter to the Treasury asking as to the salaries of the officers
of the Board, now twelve months in arrear, was approved.
Mr. Ashurst, son of Sir Henry Ashurst, presented Mr. William
Partridge's letter of 3 January last, and one from the Council and
Assembly of New Hampshire of 8 February last, which were
read.
April 8. The Attorney and Solicitor-General attending were directed to
write their thoughts on Sir Charles Hedges's draft Act for trial of
pirates.
Mr. Heathcote and Mr. Way presented a memorial (Xo. 360)
which was read. They added that Mr. Harris, who had been
patentee of the Secretary's office of Jamaica, was now dead ; that
the office had since been granted to Mr. Baber, who had made a
contract concerning it for five years with Mr. Whitfield, a minister,
brother-in-law to Mr. Brodrick, and that Mr. Brodrick by holding
other places in like manner might have too much sway and
influence in Jamaica. They represented also that it was unreason-
able for a patentee to put in a deputy without the approbation of
the Governor and Council. Order for Mr. Baber to be summoned
to attend on Monday next.
Three Orders in Council of 31st ult. as to Newfoundland read.
Order for Mr. Simon Cole to attend on Tuesday next.
Minutes of several papers of public proceedings at New York
read. [Board of Trade. Journal, 11. pp. 15-23.]
April 5. 352. Copy of the writ issued for election of Representatives
for New York. 2 pp. Endorsed, Reed. 29 Sept., 1698, from Mr.
Weaver, Read 7 Sept., 1699. [Board of Trade. New York, 7.
No. 57.]
April 5. 353. Minutes of Council of New York. James Graham sworn
Attorney General, and Matthew Clarkson, Clerk. Order for the
writs for the New Assembly to be returnable on the 18th of May.
Order for a special commission for the trial of three mariners for
murder of the master and supercargo. [Board of Trade. New
York, 72. p. 84.]
Aprils. 354. Minutes of Council of Maryland. The Governor reported
that the Speaker of the House of Delegates had received from the
Clerk a copy of the Journals of the House without leave of himself
or Council, The Speaker was thereupon summoned and confessed
AMERICA AN!) WEST INDIES. lfi
1698.
that he had a copy of the Journal of the Delegates by order of the
House. Being asked to deliver it up, he said that he did not know
whether he could or not without the order of the House ; where-
upon the Governor ordered him not to stir out of town until he
delivered it. William Bladen, Clerk of the House of Delegates,
being summoned and questioned, said that he had never received
orders from the Governor or Council to alter or omit anything in
the Journals sent to England, except private petitions of no public
concern. The Speaker then gave up his Journal, and Mr. Bladen
was specially ordered to send that copy to England. [Board of
Trade. Maryland, 13. pp. 446-447.]
April 5. 355. Minutes of Council of Jamaica. The Governor after
mature reflection announced his readiness to take the oath which
he had refused at the meeting of 29 March. Eichard Lloyd and
William Brodrick raised objections to its being tendered again, but
they were overruled and the Governor took the oath. Orders for
certain payments. Order for pardon of a negro condemned to
transportation. Order for payment to a ship's master for the pas-
sage of four tradesmen from England, though from ignorance he
had omitted to comply with part of the Act. [Board of Trade.
Jamaica, 79. pp. 90-92.]
April 5. 356. Minutes of Council of Montserrat. Members for the
General Council and Assembly of the Leeward Islands elected.
Patent for land granted. Order for a list of all fines levied since
1672 to be delivered to John Perrie, surveyor of the King's revenue.
[Board of Trade. Leeward Islands, 64. p. 533.]
April 6. 357. Governor Sir William Beeston to Council of Trade and
Jamaica, plantations. I have already reported that I sent the Chatham to
Petit Guavos to demand satisfaction for the damage wrought by
Kelly since the peace. She brought back what could there be
found ; but it is feared that Kelly has turned pirate, and on that
account the French refuse to make good all that he has robbed from
us. Many others of the French privateers have turned pirates, and
have captured three of our sloops within a fortnight. We much
want a small ship and good sailer to follow them near the shore,
where a fifty-gun ship will not venture. I have already signified to
you the prejudice arising to the Island by the constant change of
their deputies by the patentees, whereby the records, the treasury,
etc., are much disturbed and not carried on as they should be. And
now by the last ship the Patentee for the Treasury has sent out a
Mr. Finch as his deputy. I asked the Council about him, and they
unanimously concluded that he was a man of insufficient interest,
authority and parts for the place and desired me to put in
Mr. Charles Chaplin, who is one of the Council and against whom
the Patentee cannot except because he had a deputation for the
office before, but till now did not think to meddle in it. What I
have done is consonant with the King's instructions as well as the
good of the country and will therefore, I hope, be approved by you.
By the same ship came the King's powers to some of the Council
to swear me to the Act for regulating the Plantation Trade. It
was accidentally sent to me on 23 March, when I opened it and saw
164 COLONIAL PAPERS.
1698.
what it was, but did not, I declare, read it so as to take notice that
it must be sworn to before the *25th. But I looked at the oath
itself, which seemed to me so positive and severe as to require the
serious consideration of any honest man before he took it; and
since the Council was to meet on the 29th, I conceived that day
would be time enough, and meanwhile shewed it to two of the
Council for their opinion. They are sworn to advise and assist
me, but, instead thereof, when I produced it at the Council I found
that they were taking all the ill advantages that they could against
me, interrogated me as if I had been a criminal before them and
told me I had forfeited 1,000. Upon this I hesitated to take it,
for reasons which I have laid down and now transmit to Mr.
Blathwayt ; for if I am out of the Government, as is said here, and
have forfeited 1,000, I have lost all I can lose, and have no
occasion to take so severe an oath. Pray ask Mr. Blathwayt to lay
my letter to him before you, when I shall willingly submit to your
justice, having no design but to satisfy my conscience in so
doubtful a case. Nor has it in any way injured the King's service
or the laws, for I have always taken all possible care that the Laws
of Trade shall not be broken. But if those who are sworn to advise
and assist the Governor act on the contrary with purposed design
to run him into errors, it will be impossible for me or any one else
to keep perfectly so severe an oath. It is interwoven too with many
knots in relation to the laws that the best lawyers here cannot agree
in. I beg therefore that you will recommend my case to the King,
that that may not be taken ill from me nor imputed as a neglect or
fault in me, which was only the terror under which an oath so
severe and attended by so very many unknown parts and
circumstances had laid me. The people in these parts look always
but with an ill eye upon their Governors, though never so kind to
them, and are on all occasions more ready to do them harm, as it
lies in their power, than good. But this takes away even all
authority and subjects a Governor to the insults and information
of everyone, let him do the best that he can, so that, saving my duty
to the King and my willingness to serve him, I had by many times
rather have parted with the Government than have put myself
under such an oath, which I know requires much care and diligence
to keep ; and when one has done one's best, doubt will remain that one
has not fully performed it, because one cannot tell when one has
done it owing to the many uncertainties and secret branches to
which it in many parts of "that Act refers. Nevertheless I assem-
bled the Council yesterday, and after much consideration concluded
that by great care and diligence I might keep my part of it
as Governor, and took it accordingly. The two gentlemen who used
me so ill at first opposed it now, saying that it had been tendered
already and could not be tendered again, but to that I answered that
I now tendered myself to take it, and since that was what the
law required they could not refuse. All the rest of the Council
were for it, and they have made a return of the whole, though by
these gentlemen's means they have been very officious, saying more
than their powers authorise them to do. But having performed it
and being resolved to keep it, I beg you to intercede with the King
AMERICA AND WEST INDIES. 165
1698.
not to take it amiss that I took some time to consider so serious
and weighty a matter. Signed, Win. Beeston. Holograph. 2 pp.
On the third ]><t</<',
Copies of the oath which the Council was empowered to administer
to Sir William Beeston, of his objection thereto, of the Council's
answer, and his declaration thereupon, and of his final taking of the
oath. See Minutes of Council of Jamaica of 29 March and 5 April.
The whole endorsed, Reed. Read 16 June, 1698. [Board of Trade.
Jamaica, 8. No. 87 ; and 56. pp. 198-205.]
[April 6.] 358. Draft of a bill to be passed in the English Parliament
for the trial of pirates in any of the King's dominions. This bill
empowers admirals, vice-admirals or any persons commissioned by
the King to issue a warrant for arrest of pirates and to assemble a
court, consisting of twelve persons besides those who issue the
warrant, on board ship or ashore, for their trial ; no officer below
the rank of warrant or commissioned officer to sit in such a court,
and no civilian except of good reputation and approved by the
Governor of the place or factory. The procedure to be that of a
court-martial; judgment to be given according to plurality of
voices, the lowest in rank giving his voice first. Sentence to be
executed upon the high seas or between the ebbing and flowing of
the tide. 9 pp. Endorsed, Presented by Sir Charles Hedges.
Reed. Read 6 April, 1698. {Board of Trade. Plantations General,
4. No. 105.]
April 7. 359. Robert Livingston to Governor the Earl of Bellomont.
New York. While attending your leisure to communicate some matters to you
within your lodgings 1 was assaulted by Colonel Fletcher, who lifted
up his hands to my face with these words, " Sirrah, or villain, I am
" now out of Commission and a private man, and you are the
" occasion of all the mischief and / -will be revenged on you and I
" wish I may find you with a sword by your side. 1 ' He also spoke
other opprobrious words, by which I find that I cannot have access
to you. I beg therefore the protection of the laws, so that if
Colonel Fletcher have anything against me he may do it by due
course of law and not terrify me by threatening expressions.
Signed, Robert Livingston. The above statement was sworn to on
19 April, 1698. Colonel Fletcher denies that he used the words
in italics. Signed, Bellomont. 1 p. Endorsed, Reed. 29 Sept.
from Mr. Weaver. Read 30 Sept., 1698. {Board of Trade. New
York, 7. No. 58.]
April 8. 360. Memorial relating to the Secretary's office in Jamaica.
The Secretary's office, lately held by Mr. Harris, deceased, and for
which Mr. Baber now has a patent, is one of the highest concern to
the inhabitants and proprietors of estates in that island. The
person who executes that office is entrusted with all the records and
all wills and conveyances for estates, so that he is the keeper of
every man's title to his estate. On the vacancy the Governor put
in Mr. Thomas Nicholls, a gentleman bred to the law, who gave
security and executed the office with general approbation for a con-
siderable time, accounting to the patentee for one-half of the profits.
About eighteen months ago, Mr. William Brodrick, Attorney General
166 COLONIAL PAPERS.
1698.
and Judge Admiral of Jamaica, rented the patent from Mr. Harris,
and put in one Mr. Stephen Towse, born in Ireland, but a perfect
stranger to affairs in Jamaica. On the arrival of Mr. Brodrick and
Mr. Towse, Nicholls surrendered the office and records to the latter,
who died a few months later, when the Governor and Council re-
instated Mr. Nicholls as a person fitly qualified by ability and integrity.
Mr. Nicholls executes the office at present, and is, we are informed,
ready to secure to the patentee as good rent or better than he was
to have from Mr. Towse ; he is ready also to give some of the most
considerable inhabitants for his sureties, having had the good luck
to give general satisfaction. The gentlemen concerned in Jamaica
wish that Mr. Nicholls may hold the office from the patentee at the
price for which he would let it to another, rather than a man
brought in by the interest of Mr. Brodrick, who by such means has
several other offices of trust and profit at his disposal a power too
great to be deposited in one hand. 1^ pp. Endorsed, Presented
by Mr. Heathcote and Mr. Way. Reed. Read 9 April, 1698. [This
should be 8th April.] [Board of Trade. Jamaica, 8. No. 88 ; and
56. pp. 191-192.]
April 9. 361. Minutes of Council and Assembly of Nevis. The
Council agreed to the Assembly's proposal for the Acj; for an impost
on liquors to be amended and sent to the Governor, with a letter
showing the reasons why he should pass it ; and for a supple-
mentary Act to be sent up immediately after. A petition for com-
pensation for an executed negro recommended to the Assembly.
[Board of Trade. Leeward Islands, 64. p. 469.]
April 9. 362. Minutes of Council of Maryland. Henry Phipps and
William Bladen brought in the Journals of the Committees of Laws
and of Grievances for this last Session. Phipps on examination
admitted that both were in his hand-writing, but that in the
Journal of Grievances he had written only what was bidden him
by the Chairman, that this had not been read to the Committee,
that it was all that he had been ordered to write, and that the
Chairman took all the other papers into his own possession. He
said further that the journal of the laws was dictated by various
members of the Committee and read over to them, that he
had kept no rough notes, and that he had styled the Delegates
"the Honourable House of Assembly" by the Committee's order.
Order for the copies of this examination to be sent to all the coun-
ties that they may see how the country is abused, particularly by
the hiring of Committee-rooms in a public house when rooms are
already set apart in the State-house, and in Mr. Clarke's receiving
the profit of his servant Phipps's allowance for acting as Clerk of
those Committees. William Bladen deposed that on the 2nd inst.
Philip Clarke said to him that he wondered the Governor did not
keep old Randolph with him as he was a good scholar, and that if
the Governor had only advised with him he might have had any-
thing he wished done in the Assembly. Certain depositions
concerning Pennsylvania were referred to the law-officers. [Board
oj Trade. Maryland, 13. pp. 448-450.]
April 11 363. Journal of Council of Trade and Plantations. Mr. John
Smith produced his memorial relating to silver-mines in America.
AMERICA AND WEST INDIES. 167
1698.
Minutes of Council of Jamaica from 13 August to 1 December,
1697, read. Mr. Baber attended and said that he had appointed
Mr. Allan Brodrick to be his deputy in Jamaica, whose uncle, the
Attorney-General, would take care that he gave good security.
Ordered that Sir William Beeston be acquainted in the next letter
of the Council's care in speaking to Mr. Baber.
Mr. Cole attended on the business of Newfoundland and was
informed of the representations and other orders thereupon.
He desired to have the heads thereof in writing, which were given
to him.
April 12. Mr. Usher's letters of 19 and 28 December last read; also Mr.
Addington's letter of 15 January, enclosing several Acts and public
papers of Massachusetts.
Order for the Secretary to pay himself 15 for the use of his
house by the Commissioners after the fire at Whitehall, and three
guineas to his servants.
Mr. Usher's letter of 20 January last, and Mr. Stoughton's of
25 January last, were received and read.
April 14. Mr. Burchett's letter of yesterday as to convoys read (No. 367),
and orders given to the Secretary for his answer to the same this
day (No. 368). [Board of Trade. Journal, 11. pp. 23-28.]
April 12 V 364. Minutes of Council of Barbados. Orders for sundry
payments. The Assembly sent up a member to report that they
were met, and desired two members of Council to swear them, which
was done. Charles Buckworth appointed Judge of Admiralty.
[Board of Trade. Barbados, 65. pp. 345-346.]
April 12. 365. Journal of Assembly of Barbados. Message to the
Council to ask for a Councillor to swear the Assembly. Bills for
printing the laws and ascertaining the powers of the Assembly
passed. [Board of Trade. Barbados, 65. pp. 289-290.]
April 12. 366. Minutes of Council of Virginia. A letter from the
Commissioners of Customs was read, acquainting the Governor of
the discharge of two ship-masters' bonds.
April 13. The Clerk of the Council being sick, the Attorney-General was
instructed to assist him in his duty. The Committee appointed for
revision of the laws asked for further time to complete the same.
Order for the ship Flying Hart to be delivered to her purchasers.
Order for renewal of the Naval Officers' bonds. Order for impress-
ment of a sloop to carry assistance to H.M.S. Swift, stranded near
Currahtuck. Order for prohibition of fictitious transfers by masters
of ships. [Bofurd of Trade. Virginia, 53. pp. 117-119.]
April 13. 367. J. Burchett to William Popple. The Admiralty has
Admiralty appointed several ships to proceed to the West Indies to relieve the
Office. ships now there. My Lords desire to know, before the final instruc-
tions are given to them to proceed, how long the Council of Trade
think it necessary for the ships now there, in time of peace, to
\\;iit for their respective convoys. The Order in Council of
22 October, 1696, directs that two months' stay should be allowed
for loading and unloading, with the addition of certain days, not
exceeding twenty, to those of Barbados, and fifteen to those of
168 COLONIAL PAPERS.
1698.
Jamaica and the Leeward Islands. Si fined, J. Burchett. ^ p.
Endorsed, Eecd. Read 14 April, 1698. [Board of Trade. Planta-
tions General, 4. No. 106 ; and 34. p. 26 7.]
April 14. 368. William Popple to the Secretaries of the Admiralty.
Cockpit. i n reply to Mr. Burchett's letter of yesterday, the Council of Trade
would refer the Admiralty to the Order in Council of 8 November
last, grounded on the Admiralty's report of 6 November and the
Council's representation of 19 October, fixing the number and rates
of the men-of-war to attend the West Indian Islands, which the
Council of Trade take to be the present rule in that matter. [Board
of Trade. Plantations General, 34. p. 268.]
April 14. 369. Governor Goddard to Council of Trade and Plantations.
Bermuda. Yours of 2 July reached me not till the 1st of November. I find
that you were pleased to accept the allegations of Mr. Richier's
brother and the complaints of other persons, and to recommend
that another be appointed Governor in my place. I wish he were
come with all my heart. I think this, with submission, a hardship
upon me without hearing, but while I am Governor I shall be
careful to discharge my duties. Yours of 27 October reached me
on 14 January. I hope that you have received my former letters,
and I beg that you will favour and countenance me with common
justice, for I ask no more. You will find all Richier's allegations,
and those of Fox, Mr. Vaughan and Adam Eve all fully answered.
I send you a declaration of Mr. Wall as to Richier's loyalty, which I
may venture to aver to be true, though not upon record. I may
confidently affirm that lies have been his only refuge and support
in his scandalous accusations against me. At midnight on
24 December he broke out of prison and is concealed up and down
in the island. I hear from several parts of the West Indies of a
new Governor coming to Bermuda. I wish he were here with all
my heart, and I at Whitehall defending myself against Mr. Richier's
falsities. Signed, J. Goddard. 1 pp. Endorsed, Reed. Read
20 May, 1698. Enclosed,
369. i. Address of the inhabitants of Bermuda to the King.
Congratulating him on his deliverance from the two late
conspiracies, and praying him to continue John Goddard
as Governor. 145 signatures. Copy. 2 pp.
369. n. Minutes of Council of Bermuda, 3 January, 1697-8.
The Governor informed the Council that Isaac Richier
had escaped from prison, and written letters to several
persons that by Order in Council of 17 May, 1697,
Mr. Goddard had been removed from the Government.
The Council resolved that these letters tended to faction.
Here follows a copy of one of Richier's letters. The
Council then examined the allegations of Thomas
Walmsley, and on the Governor's query declared that
he had never forbidden nor obstructed by intimidation
the taking of evidence on Richier's behalf, that Mr.
Richier's disloyalty was on record, that the statements
of the other complainants were also refuted by the
records, that Richier had never appealed to the King in
AMERICA AND WEST INDIES. 169
1698.
Council, as alleged by John Dudgeon, and that
Governor Goddard was always ready to restore
Richier's goods. Formal protest of the Council against
the allegation that Governor Goddard intimidated
witnesses who came forward on Richier's behalf. 4y>p.
369. m. Extract from the Minutes of Council of Bermuda of
17 February, 1698, giving an account of the proceed-
ings at the proclamation of peace. 1 p.
369. iv. Record of the dismissal of Isaac Richier's appeal in
the suits between him, Nicholas Trott and William
Peniston. J p.
Further records as to these suits. Record of the
proceedings in outlawry against Isaac Richier, 15 May,
1695. Certificate of the authenticity of these records.
5pp.
369. v. Narrative of the disaffection of Isaac Richier by
Samuel Wall. A series of allegations of disloyal language,
rejoicing at defeats of the English and the like. 1 p.
369. vi. Declaration of Samuel Wall. That Isaac Richier
called him rogue, villain, rebel and traitor, when he
confessed that he was in the revolution against King
James. J p.
369. vn. List of the foregoing documents enclosed in
Governor Goddard' s letter. \ p. [Board of Trade.
Bermuda, 3. Nos. 23, 23 i.-vn. ; and (without enclosures)
29. vp. 113-114.]
April 14. 370. Minutes of Council and Assembly of Antigua. On the
representation of the Assembly that the Council could seldom make
a quorum owing to the infirmity of some of its members, Henry
Pearne and John Tankard were sworn of the Council. The
Assembly sent up a message asking for certain accounts to be paid,
and another submitting a scheme of taxation, and asking for writs
to be issued for election of two new members in the room of Mr.
Pearne and Mr. Tankard. The Council concurred in the latter
message. A patent for land passed. The Governor adjourned the
Assembly to 5 May. [Board of Trade. Leeward Islands, 64.
pp. 252-255.]
April 14. 371. Minutes of Council of Maryland. A brief empowering
the Collectors and Naval Officers to receive subscriptions to the
church and free-schools was sent to the various districts. Depositions
taken as to young John Coode's announcing that a new Governor was
coming, and as to scandalous words spoken by Philip Clarke. The
said Clarke was then examined as to his attestation of the charges
formulated by Gerard Slye, but said that he knew nothing of most
of them. James Crauford swore likewise that he knew nothing
of them. It appearing that Philip Clarke had acted as Deputy
Collector to George Muscharnp, the papers concerning the business
were referred to the law-officers.
April 15. Ninian Beale made a report about the new rangers. The Grand
Jury having prosecuted the Sheriff, Clerk and Justices of Prince
George's County for illegal levying of tobacco from the inhabitants,
Sir Thomas Laurence disclaimed any receipts from such a levy
170 COLONIAL PAPERS.
1698.
and promised to displace the Clerk. A Coroner was discharged for
taking illegal fees. Order for enquiry into the days occupied by
the Commissioners of the levy in St. Mary's and Calvert Counties,
and of their expenses at the ordinary-keepers'. Order for dismissal
of the Clerk of Cecil County for misconduct. William Bladen gave
evidence as to the speech made by the Speaker to the Committee
of Grievances, asking them to ascertain why the levies were higher
now than in Lord Baltimore's time. On the opinions of the law-
officers, Colonel Jowles, though Chancellor, was summoned in
default of other members to sit in the Court of Appeal. The Gover-
nor acquainted Eobert Smith and four more gentlemen of his
intention to recommend them for Councillors. New militia-officers
appointed for Anne Arundel County. Fresh evidence taken as to
scandalous words used by Philip Clarke and Josiah Wilson.
Order for the clerk of the Mayor's Court of St. Mary's to
furnish returns of all proceedings therein. . Order for the Court of
Appeals to open to-morrow, and for Arnold Noding's sloop to be
released on his giving bond to answer the value in case of condem-
nation. [Board of Trade. Maryland, 13. pp. 451-465.]
April 14. 372. Minutes of Council of Massachusetts. Order for pay-
ment of 100 to the persons appointed to wait on the Earl of
Bellomont, and leave granted to them to draw such further money
as they shall need in New York.
April 16. Order for payment of 100 for provisions and accommodation
for Lord Bellomont on his arrival. [Board of Trade. New
England, 49. pp. 151-152.]
April 15. 373. Minutes of Council of Virginia. On the petition of
several masters of ships as to entering and clearing, it was ordered
that the Collectors proceed to their duty therein. [Board of Trade.
Virginia, 53. pp. 119-120.]
April 15. 374. J. Burchett to William Popple. Your letter of yester-
Adiniralty day has been laid before the Lords of the Admiralty, but after
perusal of the Order in Council of 8 November last, of the repre-
sentation of the Council of Trade and the report of my Lords
thereon, they find nothing therein to satisfy them in what they
desire. This Order in Council, made during the late war, expressly
directed how long the men-of-war were to wait for loading and
unloading at Jamaica, the Leeward Islands and Barbados. The
Admiralty desires to know whether, in the opinion of the Council
of Trade, it is necessary in time of peace to make any alteration
in the time for which the men-of-war at these places shall wait for
the homeward-bound ships. Signed, J. Burchett. 1 p. Endorsed,
Reed. 16th, Read 18th April, 1698. [Board of Trade. Plantations
General, 4. No. 107 ; and 34. pp. 269-270.]
April 15. 375. Commissioners of Victualling to William Blathwayt.
Victualling We lately received an order from the Commissioners of the Navy,
Office. O f which anc | o f our answer we enclose copies. Yesterday we
waited on the Lords of the Admiralty, and are satisfied that the
provisions for the garrison of Newfoundland must be sent in ships
freighted here for that purpose, which we shall endeavour to take
up with all speed. As to two further particulars we are still in
AMERICA AND WEST INDIES. 171
1698.
doubt, and since the Admiralty gave us no directions we must ask
you to explain (1) What will be the number of non-commissioned
officers in the garrison ; (2) What it is to be accounted sufficient to
victual them for a year. If you cannot answer us, pray obtain for
us orders whether we shall send the full proportion of victuals
allowed to the seamen on the King's men-of-war at whole allowance
for the whole time of thirteen months, which completes a year.
Sometimes our orders have been for victualling soldiers otherwise
than seamen ; and in particular on some voyages the soldiers have
been allowed but two quarts of beer a day, whereas the seamen at
whole allowance have a gallon. Again the seamen are sometimes on
short allowance of two-thirds of their provisions, so that eight
months' provisions at whole allowance serves for twelve months. If
this be thought sufficient, then only eight months and two-thirds of
provisions at whole allowance need be sent to answer the thirteen
months for the whole year. Pray let us clearly understand what
we have to do. Signed, Hum. Ayles, Simon Mayne, Tho. Papillon.
1 p. Endorsed, Communicated by Mr. Blathwayt. Reed. Read
18 April, 1698. Enclosed,
375. i. Copy of a letter from the Navy Board to the
Victualling Board. Navy Office, 5 April, 1698. Ordering
them to send over to Newfoundland forthwith, with the
men-of-war now bound thither, provisions for one year
for two officers and 43 privates, with their non-
commissioned officers, and for eight attendants of the
train. P-
Copy of the Answer of the Victualling Board to the
Navy Board. Victualling Office, 12 April, 1698. With
reference to yours of 5th, please explain (1) whether the
provisions are to be sent to Newfoundland on a man-of-
war, or on a ship taken up for the purpose ; for our
order is to ask the Treasury for money for the victuals,
and nothing is said about freight. (2) How many non-
commissioned officers there are, for we are not so skilled
in military matters as to know the exact number ? (3)
Is the allowance to the soldiers to be the same in
proportion as to the seamen of the King's ships, and, if
so, how many months' provisions are to be sent to be
sufficient for a whole year ? Seamen at short allowance
have but eight months' provisions for twelve months,
and we do not think ourselves fit judges of what is
sufficient. Without such explanation we cannot make
an estimate for the Treasury. -J p. [Board of Trade.
Newfoundland, 5. Nos. 102, 102 1. ; and 25. pp. 195-
199.]
April 18 376. Archibald Hutcheson to Council of Trade and Planta-
tions. I enclose a packet received from Governor Codrington, with
seven papers under cover to myself, with directions to give you the
import of them, though I hope the perusal of the papers themselves
will not be tedious to you. They will shew you that the esteem for
him in the Leeward Islands, to which I alluded in my letter of
November last, is not changed. Give me leave to repeat that
172 COLONIAL PAPERS.
1698.
Governor Codrington on the first notice of the Revolution appeared
for the King, and has ever since freely exposed his person and
disbursed his money for the service of the Government. His salary
is now nearly four years in arrear, besides considerable disburse-
ments on the public account ; he has several times advanced his
own money for the service of the Leeward Islands, but has never
desired nor received any donation from them, and so far from
making a great estate by the Government (as Mr. Walrond has
misinformed you) it is only the great estate which he already
possessed that has enabled him to pay the expenses of the Govern-
ment. Greater evidence of good affection towards the present
Government and of a generous inclination to serve the public than
he has given, it would hardly be possible to give. The enclosed
papers will shew you that Mr. Walrond has prevaricated grossly,
and would have the Council and Assembly of Antigua treated as
unjust sycophants for the justice that they have done to the
Governor in this matter. With great modesty he expects to be
believed before the joint representative of all of any note in the
island. Being bound over to appear at next Sessions for scandalous
words used of Governor Codrington, he has moved to Barbados,
where he is very busy seeking deponents and depositions against
him. I acknowledge that there is every reason to hear the com-
plaints of the meanest subjects and to punish such Governors as
really deserve it ; but there is a justice due likewise to them, when
groundlessly slandered or traduced, otherwise men of merit and
fortune will be discouraged from accepting such stations. Signed,
Arch. Hutcheson. ^pp. Enclosed,
376. i. Copies of messages exchanged between the Council
and Assembly of Antigua. The Assembly to the
Council. In view of the gross traducing of the
Governor's reputation, we offer a representation, which
has been brought forward by one of our members.
(See previous volume under date 11 Sept., 1697. No. vi.)
Answer of the Governor giving his thanks for the same.
Declaration of the Council of Antigua, 1 Sept., 1697,
in vindication of Governor Codrington's loyalty, faith-
fulness and good service to the Leeward Islands against
all aspersions.
Message from the Assembly to the Council of
Antigua, asking for copy of Walrond's letter of charges
against the Governor ; and the Council's answer
sending the same to them. Copies. The ivliole,
4 pp.
376. n. Copy of Edward Walrond's letter of 11 September,
1697, misdated 11 December, 1697. 1 p.
376. in. Message of the Assembly to the Council of Antigua.
We have read Mr. Walrond's letter of accusation against
Governor Codrington, also the letter signed J. Johnstone,
dated 4 May, 1697, and having examined also the
proceedings respecting Robert Arthur, we pronounce
these letters to be false and scandalous, being unanimous
that the Governor never used any contrivance to enable
AMERICA ANT) WKST INDIES. ITS
1098.
Arthur to escape from justice and that he has ahvayr-
been a loyal and faithful subject to King William.
Copy. \ p.
376. iv. Address of the Council of Antigua to Governor
Codrington. We have read the letters and depositions
sent home by Edward Walrond to accuse you. We know
that when Arthur's affair was first brought before
Council an order was given to the justices to examine
him and the witnesses then on board the Jersey; we
know that Arthur was bound over to take his trial, and
had every reason to suppose (nor could you know to the
contrary) that the witnesses had also been bound.
We have often heard you express just resentment against
the villainous actions committed by Arthur, though you
did him the justice to say that he was a stout fellow and
able to do the King service. We absolutely clear you
of any design to palliate Arthur's crime. Seven
signatures. Original. 1 J pp.
376. v. Copies of documents relating to the despatch of H.M.S.
Jersey to Nevis in May, 1697. Letter from Governor
Codrington to Lieutenant-Governor Gardner, 8 May,
1697. I now send you the Jersey to convoy your out-
ward bound merchant-ships. She must not stay with
you above two days, though I have told Captain Bugdon
twenty-four hours.
Sailing orders of Governor Codrington to Captain
Bugdon, 8 May, 1697. To sail to Nevis and taking the
merchant-ships there under convoy, to escort them
northwards as far as latitude 20, cruise a few days to
windward of Deseada and return. You are not to stay
at Nevis for more than twenty-four hours, nor is your
cruise to exceed ten days. Copies. 1 p.
376. vi. Depositions of Henry Pearn, 5 Feb., 1697-8. Some
days after the trial of Captain Arthur, I, in discourse
with Edward Walrond, asked him how he came to pass
the words for which Arthur was accused, since they were
spoken in his house. He said that he was not in the
room at that time, but was told of the words by his
cousin, Henry Walrond, some days after. $ j>.
376. vii. Certificate from the Governor, Council, Merchants
and others of Nevis, that the report of the Governor's
encouraging the pleading of the Act of Limitation is
false and scandalous. Signed, Sam. Gardner, and by
fourteen more. Large slteet. The ichole fiidorxal, Reed.
20 April, Read 6 May, 1698. [Board of Trade. Leeward
Islands, 5. Nos. 79, 79 i.-vn.]
April 18. 377. Minutes of Council of Massachusetts. Order for issue
of writs for an Assembly to meet on 25 May, and that Nicholas
Noyes preach a sermon to the Assembly on that day. [Board of
Trade. New England, 49. p. 153.]
April 18. 378. Journal of Council of Trade and Plantations. Mr.
Burchett's letter of 15th inst. read and orders given for the
Secretary's reply thereto.
174
COLONIAL PAPERS.
1698.
Letter from the Victualling Office of 15th inst. read. Order for
an extract to be sent to Colonel Gibsone, and that his opinion
thereon be desired against Wednesday next.
Order for the Acts of Massachusetts to be sent to the Attorney
and Solicitor-General, with a request to hasten despatch of the
Plantation Acts already before them.
April 20. Colonel Gibsone presented a memorial (No. 384) as to the
victualling of Newfoundland. He added that his reckoning had
been based upon "seamen's allowance," viz. thirteen months to the
year. He mentioned, in reference to his suggestion to send malt
instead of beer, that there was a large quantity of cask left there
which might serve for brewing beer, but that two coppers must also
be sent. He asked for leave for Lieutenant-Colonel Handasyd to
come home, and named Lieutenant Grig as the fittest officer to
command in his place.
Order for the Secretary to ascertain from the Victualling Office
the first cost of eatables and drink for a seaman on short allowance
per diem. A letter from Leghorn of 31st ult. as to interloping
trade to Newfoundland read. Order for copies to be sent to the
Admiralty and to Mr. Secretary Vernon.
Mr. Brenton's letter of 8 March last read. Order for a representa-
tion thereupon to be drawn up, and for Mr. Duke to attend the
Board on Thursday or Friday next.
April 21. The letter to Mr. Vernon, as ordered yesterday, was signed.
Letter of the Victualling Office read, and order given to the
Secretary for his reply thereto (Nos. 386, 390).
Letter from the East India Company of yesterday read. Order
for copies and extracts to be sent to Sir Charles Hedges and to the
Admiralty for their opinion. [Board of Trade. Journal, 11.
pp. 28-36.]
April 19. 378. William Popple to the Secretaries of the Admiralty.
Cockpit. j n replv to Mr> Burchett's letter of 15 April, the Council of Trade
is of opinion that it may be convenient, now in time of peace, to
direct the commanders of the ships of war in the West Indies,
which are now to be relieved by others, not to wait there for the
merchantmen that are to return under their convoy longer than the
term prescribed ,by the Order in Council of 22 October, 1696, but
that it may be left to the Governors of the respective Plantations
to shorten the said terms, as they see occasion for the King's
service, and that a copy of the instructions be communicated to
the Governors for that purpose. [Board of Trade. Plantations
General, 34. pp. 270-271.]
April 19. 379. William Popple to the Attorney and Solicitor-General.
Whitehall. I forward Acts of the General Assembly of Massachusetts for your
opinion thereon, and I am to remind you of the several Plantation
Acts that are already in your hands and on which your opinion is
much wanted. A list of them is enclosed to you. Here follows the
list [Board of Trade. Plantations General, 34- pp. 272-274.]
[April 19.] 380. List of laws of Massachusetts passed in September and
October, 1697, which were sent to the Attorney and Solicitor-
General on 19 April, 1698 ; thirteen Acts in all. 1 J pp. [Board of
Trade. New England, 9. No. 17 ; and 36. pp. 371-372.]
AMERICA ANJ) WEST INDIES.
175
1698.
April 11).
April 19.
April 20.
East India
House.
381. Return of the inhabitants of Albany City and County
and of the numbers of the Five Nations, showing the decrease
between 1089 and 1097.
Men. Women. Children.
Albany City and County in 1689 numbered 662 340 1,014
1697
382
272
68
805
202
Since the beginning of the war there have
departed 142
,, taken prisoners 16
,, killed by the enemy 84
died 39
Of the Five Nations
There were in 1689 of the Mohocks 270 men, in 1697, 110 men.
Oneidas 180 70
Onaudagas 500
Cayonges 300
Senecas 1,300
River Indians 250
Total Indians - 2,800
250
200
600
90
1,320
1 p. Endorsed, Delivered me by Mr. Livingston, 19 April, 1698.
Reed. 29 Sept. from Mr. Weaver. Read 30 Sept., 1698. [Board
of Trtidi-. New York, 7. No. 59 ; and 52. pp. 481-482.]
382 Minutes of Council of Virginia. Bartholomew Fowler
sworn of the King's counsel at law and as assistant to the Clerk of
Council. The Naval Officers were sworn to observe the Act for
regulation of the Plantation Trade. On a petition for further
assistance to H.M.S Swift, it was resolved that enough had already
been done. [Board of Trade. Virginia, 53. p. 120,]
383. The East India Company to Council of Trade and
Plantations. We understand that the ship Buckhurst, Captain
Edward Say, is now cleared for the West Indies, but is bound for
Muscat, and that she has 180 iron guns in the hold and 44
mounted, which we have reason to fear are designed to supply the
Muscatters, who have already taken two English ships and will in
all probability seize such others as they can meet and overpower.
We beg your attention to the extracts enclosed, in support of our
representation. Signed, Ro. Blackborne, Secretary. J p. Endurm-d,
Reed. Read 21 April, 1698. Enclosed,
383. i. Abstracts of advices received from Persia by the East
India Company touching the Arabs of Muscatt. From
Spahaun General [Ispahan], dated 11 June, ]'>'.i7.
received overland 14 February, 1697-8. We hear that
the Queddah, a merchantman hired in Surat, while on
her way from Bengal to Persia put in at Muscat, where
the Arabs have stopped her, demanding all goods that
belong to any of the King of Persia's subjects. They
stopped another English ship two years ago, and if they
are not curbed at the first offers, they may grow more
insolent by degrees.
176
COLONIAL PAPERS.
1698.
From Spahaun General, dated 8 July, 1697, received
14 February, 1697-8. It may be worth your considera-
tion to send some force to these parts as well to expel
the pirates as to suppress the insolencies of the Muscat
Arabs. Since taking the Queddah they have seized,
plundered and kept another small ship, the London,
belonging to Madras, under pretence of having Armenian
goods on board, though she was wholly laden with
English goods. They forced all the English aboard
their ships to fight against the Portuguese, and for all
that we know that some of them lost their lives in the
late engagement. If the Arabs be not curbed quickly
the trade into the Gulf of Persia will be ruined.
From Spahaun General, dated 15 July, 1697, received
7 Feb., 1697-8. The little ship mentioned in our last
as seized by the Arabs of Muscat, has been openly
sold there as a prize, and the English are kept close
prisoners.
From Spahaun General, dated 4 November, 1697,
received overland 8 April, 1698. The Irnaurn of Muscat
refused to restore the London, with the rough answer
that if we were disposed for war we should be very
welcome, for they were ready to try what they could do
with us. We believe therefore that they will take any
of the Company's ships that they can master in future.
li PP' [Board of Trade. Plantations General, 4.
Nos. 108, 108 i. ; and (without enclosure) 34. pp. 274-
275.J
384. Colonel Gibsone to Council of Trade and Plantations.
I have, pursuant to your orders, read the letters from the Victualling
Office (see No. 375) as to the provisions for the garrison in New-
foundland, and I think that short allowance viz., six men to four
men's allowance both of eatables and drinkables is sufficient, but
that care must be taken for them to receive full weight and measure,
with which, and the allowance of twopence a day, they may live very
well. I think it will be far better to send malt than beer. I have
further to tell you that when I left Newfoundland I took up a
transport ship to stay there for the winter for the security of the
provisions there. Her owner is very pressing that she be discharged.
Signed, J. Gibsone. 1 p. Endorsed, Reed. Read 20 April, 1698.
[Board of Trade. Newfoundland, 3. No. 103 ; and 25. p. 201.]
385. William Popple to the Victualling Board. With
reference to yours of 15th, as to provisions for the garrison of New-
foundland, will you inform the Council of Trade what is the first cost
of eatables and drinkables for a seaman at short allowance per diem ?
Your answer is desired with all possible dispatch. [Board of Trade.
Newfoundland, 25. p. 200.]
[April 21.] 386. The Victualling Board to William Popple. We enclose
a paper showing exactly the allowance to seamen at whole allow-
ance for a week, the cost of provisions for 364 days to 60 men
(which we take to be the number, assuming the non-commissioned
April 20.
Haymarket
April 20.
Cockpit
AMERICA AND WEST INDIES. 177
1698.
officers to be seven), the cost of bare provisions at short allowance,
which amounts to something over 6%d. per man per diem. The
extraordinary clearness of provisions is the reason why things
amount so high. We have set down also the estimated charge of
cask and freight. Pray give us early directions whether we shall
send the quantity of provisions as allowed to seamen at whole
allowance, or only the proportion given at half allowance. We
have treated for freight with several masters of ships bound to
Newfoundland, but none will bind themselves to stay for the convoy
(which our orders direct shall be done), insisting on liberty to sail
when they are laden, though willing to endeavour to keep company
with the men-of-war, if they sail at the same time. Pray give us
orders whether we shall ship the provisions without obliging the
master to wait for the convoy. There was a ship, the Providence,
laded in New England by Colonel Gibsone's order, which being
unable to make Newfoundland came to England, and suffered
damage to the cargo of provisions during a storm in the Channel.
The provisions on board her which were proper for the fleet we
have made use of at Plymouth ; but there were also on board
molasses, shoes, stockings, medicines, garden-seeds, a few live stock
and vegetables. We know nothing of the disposal of the two last
items, but we suppose that the remaining goods may be sent out
on any ship at freight to Newfoundland, and may be useful there.
Signed, Tho. Papillon, Hum. Ayles, John Burrington. 1 pp.
Endorsed, Reed. Read 21 April, 1698. Enclosed,
386. i. Table of the allowance of provisions to seamen at
full and short allowance. Estimated cost of provisions
for 60 men for 364 days, at full allowance, 858 ; at
short allowance, 572 ; at the rate of 6%d. per day per
man, 569. Freight and cask for the aforesaid pro-
visions at full allowance, 240 ; at short allowance,
160. 1 p. [Board of Trade. Newfoundland, 3. Nos.
104, 104 1. ; and (without enclosure) 25. pp. 203-205.]
April 21. 387. The Victualling Board to William Popple. In our
Victualling former letter of this day we omitted to mention that there was a
Office. hogshead of tobacco in the ship Providence which was driven
over from Newfoundland to England. Pray give us orders as to
this and the other goods in her. Signed, Tho. Papillon,
J. Burrington. | p. [Board of Trade. Newfoundland, 3.
No. 105.]
April 21. 388. Copy of a letter from the Admiralty to Secretary
Admiralty Vernon. Pursuant to the King's Order in Council we gave the
hce ' Victualling Officer orders to supply one year's provisions to the
garrison at Newfoundland. The order, however, is prefaced by the
words : " The pay of subsistence of the soldiers to be left there
shall be as follows: The value of 6d. per diem the first cost of
provisions, %d. per diem for clothing and 2<Z. per diem for
expenses, &c." Is it hereby intended that the provisions to be sent
to Newfoundland are to be provided at the rate of 6</. per diem, first
cost, or that the soldiers should be victualled in the same manner
as the soldiers sent to Newfoundland last year ? Again the order
4226 M
178 COLONIAL PAPERS.
1698.
directs that the officers and soldiers who are not left at Newfound-
land shall be permitted to return to England by the first convoys
coming from thence, and shall receive an allowance of provisions
on the said convoys during their passage. We must acquaint you
that none of the soldiers can be brought home in the convoys now
going to Newfoundland, as they are to proceed directly from thence
up the straits with the trade, as is usual in time of peace. 1 J pp.
Endorsed, Reed. 26, Read 29 April, 1698. [Board of Trade.
Newfoundland, 3. No. 106 ; and 25. pp. 209-210.]
April 21. 389. William Popple to the Secretaries of the Admiralty.
Forwarding extract of a letter from John Pym of 19 March ( No. 306)
respecting a foreign ship trading to Newfoundland, that the
Admiralty may give orders to the commanders of the men-of-war
respecting the same. [Board of Trade. Newfoundland, 25.
p. 206.]
April 21. 390. William Popple to the Victualling Board. With
reference to yours of 15th and your answer to mine of 20th
inst., I am to inform you that the King will allow to the private
soldiers at Newfoundland Wd. a day, viz., 2d, for clothing, 2<7. for
their daily expense, and the value of 6d. in bare provisions at prime
cost, which last article amounts very nearly to the short allowance
for seamen as given in your estimate. The value of 6d. per diem
for each man in bare provisions at prime cost, should be the
measure of what is now to be provided for them, and cask and
freight is not to be deducted from the soldiers in this computation,
but charged to the King. The Council concurs with you in the
expediency of sending malt and hops instead of beer to Newfound-
land, with necessaries for brewing and preserving beer there, as also
in the exchanging of one-third of the beef for flour and suet. The
non-commissioned officers are to be eight, including two drummers.
The Council does not think it necessary for the ships carrying pro-
visions to Newfoundland to await the sailing of the men-of-war.
You may deal as you think best with the provisions in the ship
which was driven over to England by heavy weather. There are
150 tons of cask belonging to the King which remain in Newfound-
land ; you may use part of it and bring the rest away as you think
fit. [Board of Trade. Newfoundland, 25. pp. 207-208.]
April 21. 391. William Popple to the Attorney and Solicitor- General.
Cockpit. Forwarding copy of the East India Company's letter respecting the
ship Buckhurst (see No. 383) for their advice as to the
proceedings that may be legally taken to prevent her mischievous
design.
The same letter (mutatis mutandis) was sent to Sir Charles
Hedges, Judge of the Admiralty. [Board of Trade. Plantations
General, 34. p. 276.]
April 21. 392. Lieutenant Governor Stoughton to Council of Trade
Boston. and Plantations. Since mine of 1st inst. I have received notice
from Lord Bellomont of his arrival at New York. Signed, Wm.
Stoughton. J p. Endorsed, Reed. Read 7 June, 1698. [Board
of Trade. New England, 9. No. 18 ; and 37. p. 1.]
AMERICA AND WEST INDIES. 179
1698.
April 21. 393. Minutes of Council of New York. Order for Peter
Schuyler and Godfrey Dellius to proceed to Canada, taking with
them the French prisoners, clothed, and to treat with Count de
Frontenac for release of prisoners. j140 granted to them for their
expenses. [Board of Trade. New York, 72. pp. 84-85.]
April 21. 394. Memorandum of a statement by Peter Schuyler and
Dirck Wessels made at New York. Abraham Schuyler and two more
were sent from Albany on 29 December, 1697, by Colonel Fletcher's
order to advise the Governor of Montreal, Mons. de Calliere, of the
conclusion of peace. They carried with them the articles of peace
but no letter from Colonel Fletcher, which was resented by M. de
Calliere as a slight, and as insufficient intimation of the peace.
Peter Schuyler, Dirck Wessels and Mr. Dellius wrote to M. de
Calliere to signify the peace, to which he answered in substance
that the French Indians were out a hunting in expectation of peace,
that he desired a confirmation as soon as might be, and that all the
French prisoners might be released. Subscribed, told me by
Colonel Schuyler and Dirck Wessels at New York on 21 April, 1698.
Signed, Bellomont. p. Endorsed, Eecd. from Mr. Weaver 29th,
Read 30th Sept., 1698. [Board of Trade. New York, 7. Xo. 60 ;
and 52. pp. 484-485.]
April 21. 395- Minutes of Council of Virginia. Richard Lee, Naval
Officer for Upper Potomac, was sworn to observance of the Act for
regulation of the Plantation Trade. Order for the ship, Seventh
Son, seized for illegal trading to be brought for trial. [Board nj
Trade. Virginia, 53. pp. 120-121.]
April 22. 396- Sir Charles Hedges to Council of Trade and Planta-
tions. With regard to the ship Buckhurst (see Xo. 391), if the
East India Company will send persons who can give information
on oath to the Court of Admiralty that they verily believe her to be
going with guns to Muscat or upon any other unlawful design, a
warrant may lawfully be granted to arrest her, and I think I am
obliged to grant such a warrant whenever the King's Proctor and
Advocate shall move for it. But if the setters forth of the ship
shall give security for performance of the voyage according to her
clearing, or shall shew that sufficient security is already given, or
else make it appear that she is upon a lawful design, the warrant
ought and will be forthwith superseded. Signed, C. Hedges. $ p.
Endorsed, Reed. 23rd April, Read 29th. [Board oj Trade. Plan-
tation General, 4. Xo. 109 ; and 34. pp. 277-278.]
April 25. 397- Mr. Secretary Vernon to Council of Trade and Planta-
tions. Forwarding a memorial concerning the infraction of the
capitulation made at the surrender of Fort Bourbon in 1696 for
their report and advice how the terms of the Treaty of Ryswick shall
be complied with and the goods in question restored. See next
abstract. [Board of Trade. Hudson's Bay, 3. pp. 45-46.]
[April 25.] 398. Memorial concerning the capitulation of Fort Bourbon
in 1696. Setting forth that Mons. de la Forest capitulated on con-
dition that the garrison, with their goods, arms, ammunition and
two guns, were to be shipped to Placentia, but that in violation of
180
COLONIAL PAPERS.
1698.
the terms they were taken to England and their goods plundered.
In November, 1696, Mons. de la Forest, then at Plymouth, made
complaint and was brought to London. Interested parties obtained
an order from the Court to send him back to Plymouth, but this
was reversed by the King's order, and both sides were heard by the
Council, when, in spite of all the skill of the greatest lawyers in
England on behalf of the Hudson's Bay Company, no order was
made to M. de la Forest's prejudice, which would never have been,
if the certain members of the Council could possibly have obscured
the truth. Final decision, however, was persistently delayed, and
M. de la Forest was detained in London till August, 1697, when he
died. It was, however, stipulated by Article 8 of the Peace of
Ryswick that the capitulation of Fort Bourbon should be faithfully
executed. French. 3 pp. Endorsed, R. 22 April, 1698. Annexed,
398. i. Copy of the capitulation of Fort Bourbon, 31 August,
1696. French. 2i pp. The whole endorsed, Reed. 26,
Read 29 April, 16G8. [Board of Trade. Hudson's Bay,
2. Nos. 17, 17 i.]
April 25. 399. Extract of a letter from Mr. Secretary Vernon to Council
of Trade and Plantations. Captain John Aldred of the Essex,
prize, has qomplained to the Admiralty that the Council of Barbados
refused to supply him with what was necessary for fitting the said
ship to proceed according to her orders. I transmit the extract,
that you may enquire as to the methods formerly in use for supply-
ing the King's ships in the West Indies and what you now think
fit to propose therein. For enclosure see next abstract. [Board of
Trade. Barbados, 44. pp. 188-189.]
[April 25.] 400. Extracts of a letter from Captain Aldred to the
Admiralty, 22 Feb., 1697-8. Ever since I received my orders from
you I have waited upon you every Council day to the 8th inst.,
when I received the answer herewith sent. Since then I have
contrived to rig my ship by my interest here, and hope to have her
ready for sea in nine days, when I shall sail for Virginia.
Message from the Council of Barbados to Captain Aldred. We
have considered your two memorials setting forth that the Essex
under your command, bound to Virginia, had been driven off that
coast by stormy weather and totally dismasted, and that you
required 300 to repair her. We advised you to take up that sum
from the merchants, drawing bills, according to custom. You then
informed us that the merchants were willing to furnish you, but
would not do it until you had received an answer from us in writing.
We now inform you that we have no public money, and that the
Assembly has voted that no more of the island's stock shall be
applied to furnishing the King's ships. The Commissioners of the
4^ per cent, duty and the Receiver of the casual revenue also refuse
to give money for this purpose without orders from Whitehall.
Copies. 2 pp. Endorsed, Reed. 26th, Read 29th April, 1698.
[Board oj Trade. Barbados, 7. No. 64.]
April 25.
New York.
401. Edward Randolph to William Popple. I have waited
upon Lord Bellomont, whom I find strict in supporting the interests
of the Crown, enforcing the Acts of Parliament and suppressing
AMERICA AND WEST INDIES. 181
1698.
pirates. Five or six vessels (as is reported) are come from the Red
Sea ; some are gone southward towards Carolina and Providence. I
doubt not to hear later that some of them have touched at Pennsyl-
vania, where Mr. Markham continues their steady friend. He
entertained and countenanced some of Every's men; he had the
Lords Justices' proclamation against them but after that let two of
them go to Carolina, and the other two are in the province. One
of them, Clans, a Dane, keeps a shop in Philadelphia ; I saw him
every day. Another of them, James Brown, is married to Mark-
ham's daughter, and lives near Newcastle if he be not dead. I
administered the oath to the Governor, but he was not well pleased
that I would not join him to break it. He pressed me to admit the
Quakers' attest instead of an oath to prove that they were the owners
of the vessels, whereas their own law (made since the Act for pre-
venting frauds) enacts the contrary. But he values neither oaths
nor Acts of Parliament so he may get money. I have the like
account of other Proprieties. Mr. Webb at Providence has forgot
his oath (I am informed), seizing and discharging vessels as he
pleases, the masters paying well for it. Many of Every's men are
in Carolina. Lord Bellomont is now sending the Fowey in pursuit
of the pirates about the southern parts. I go upon her to administer
the oath to the Governor of Carolina, and shall then write a particu-
lar account of proceedings there. It is absolutely necessary for
three or four light frigates to be sent here and put under the
direction of Lord Bellomont, otherwise all the Acts of Parliament
and letters to Governors will signify no more than an old Gazette.
This should be in addition to the Fowey and Deptford to guard
New England and New York. Part of the charge will be prevented
if the King appoint his own Governors with good salaries in
the Proprieties. You remember how I pressed for the appointment
of an Attorney-General in every Government. I have found the
want of one in Pennsylvania, to put two forfeited bonds in suit.
The parties are arrested, but nobody appointed to prosecute them
for the King. Before I left England I proposed what is now con-
firmed to be necessary for the King's service, and I expect that care
will be taken at home to remedy the misdemeanours in the
Proprieties, otherwise I shall be of Mr. Penn's and Colonel Quarry's
opinion that the salaries bestowed upon the officers, especially in
Pennsylvania, are but money thrown away. Signed, E. Randolph.
Holograph. 1J pp. A brief abstract is inscribed. Endorsed, Reed.
(5 July, Read 20 Oct., 1698. [Board of Trade. Plantations
General, 4. No. 110 ; and 34. pp. 301-304.]
April 25. 402. Memorandum of the receipt of the above letter. p.
[Board of Trade. New York, 7. A T o. 61.]
403. Robert Snead to Sir John Houblon. I have sent an
attested copy of my account of the pirates that ran away with the
ship Fancy, together with other depositions. I understand that
Mr. Randolph has sent copies of them to the Council of Trade. As
long as the Government is in the hands of Quakers, as it is, it must
be expected that pirates and unlawful traders will still be
encouraged. Those pirates that did not break prison are at liberty
without bail, and those that Governor Markham would not allow me
182 COLONIAL PAPERS.
1698.
to take up are they that encouraged others to go, and fitted the ship
Fancy out for them. I am told that several pirates are expected
here from the Persian sea. They may come for there is none to
oppose them, here being no militia nor even power to raise any, the
magistrates and their assemblies being Quakers. There are several
hundred able and willing to bear arms, but if some few meet to
exercise as an artillery, they threaten to indict them for a riot, the
King's attorney being a Quaker. We have built a church and there
are several of the Church of England who are of good estates, but
we cannot call them our own, the Quakers being so prejudiced
and insolent against all that are not so and having the government
in their own hands. In all cases that come before them, judge,
jury and evidence are never sworn, so that we cannot hope to enjoy
the prosperity and liberty of subjects of England. These and many
other grievances we were about to set forth to the King by petition
when we were seized by these magistrates and stand bound from
time to time. They declared in open Court that anyone who signed
any paper relating to the Government should be fined, and made a law
to prevent the same. I leave it to you whether such persons as
will neither take an oath nor swear allegiance to the King should
so arbitrarily govern English subjects. Since we dare not petition
we beg you to intercede for us. Signed, Robt. Snead. 1 p.
Endorsed, Reed. Read 12 July, 1698. [Board of Trade. Pro-
prieties, 2. X<>. 15.]
April 26. 404. Edward Randolph to Council of Trade and Plantations.
New York. Qn the 16th December last I arrived at Annapolis, and on the 10th
January administered the oath to Governor Nicholson. He con-
tinues very zealous to put the Acts in execution, and, to the end
that no illegal traders may in future get off with slender security,
he has put all forfeited Plantation bonds in suit and recovered
judgment against several of the inhabitants. -This makes many of
them, who were Scotch traders, very uneasy to the Governor.
Fearing that I could not administer the oath to the Governor of
Pennsylvania within the time prescribed by the Act, I sent the
commission to my servant to administer the oath to Sir Edmund
Andros in Yirgina, who duly took it. He is very strict himself, and
obliges the officers of Customs to be very diligent and punctual.
With much difficulty I got over Chesapeake Bay and travelled to
Pennsylvania, calling at Newcastle, in Delaware Bay, on my way.
It is chiefly inhabitated by Scotch and Dutch, with a few French
and one or two English. They are under an arbitrary Quaker
Government where neither judges, juries nor witnesses are sworn
even in trials of criminals. About four years ago when I was there
I was informed that a man was tried, condemned and executed for
supposed murder. Thus the King's subjects there and in Pennsyl-
vania are in no wise secure in their estates, lives and liberties, nor
can it be expected that the officers of Customs can have justice
done when there are no persons qualified by oath to try their
causes. On the 17th I administered the oath to Mr. Markham at
Philadelphia, but he has not the Order in Council allowing him to
be Governor. Governor Nicholson, hearing that some of Every's
men were in Philadelphia, at once sent the proclamation for
AMERICA AND WEST INDIES. 183
1698.
apprehending them to Mr. Markham, who instead of securing,
supported and encouraged them. Two of them were carried
to Carolina and another, Glaus, lives in Philadelphia. I have
seen him almost every day in the streets ; and another of
them, James Brown, is married to Markham' s daughter. I enclose
a copy of their examination attested by David Lloyd, the Attorney-
General, also a copy of the preface of their laws, wherein
they shew themselves independent of the Crown. I have ordered
one inhabitant of Philadelphia to be arrested (being security for a
ship which carried tobacco direct to Scotland) upon his forfeited
Plantation bond of 1,000 and another upon a bond of 500. I
went to the Governor and asked him to appoint an Attorney-
General to prosecute these bonds for the King, but he did nothing
therein. He has adjourned the Courts for six months, thus giving
the persons arrested fair opportunity to save themselves and estates
from further trouble, as also those whose forfeited bonds he
refused to shew me. Thus the King's service is neglected, the
Acts of Trade eluded, and the officers of Customs put to charge and
trouble to no purpose, Mr. Markham has also discharged a New
York vessel belonging to Colonel Heathcote and Captain Evans, of
H.M.S. Richmond, which was seized by his own warrant since he
received and published the Act for preventing frauds.
About ten days ago it was discovered that five or six ships from
the Red Sea were on the coast. One of them was at Connecticut,
and delivered part of her goods, but was seized by Lord Bellomont's
directions. H.M.S. Swift ran aground at North Carolina and is in
danger to be lost. I therefore intend to take my passage in the
Fowey to administer the oaths to the Governors of Carolina and
Bermuda and to carry the commission and instructions to the
Bahamas, where I am informed that Captain Webb seizes and ctears
vessels, making the masters pay what he pleases, taking no notice
of Mr. Graves, the King's Collector of Customs. You may
remember that besides the provisions, in the Act for preventing
frauds, as to the Governors of Proprietary Colonies taking the oath
and being confirmed by an Order in Council, the House of Lords
proposed in their address that the owners shall give security in
2,000 or 3,000 to observe the Acts of Trade and that till they
had done so none of them should be approved. I believe that not
one of these Governors (except Captain Webb) has been approved
by Order in Council, nor have the owners given security. Thus
all the measures taken under the new Act have been of no
effect, and the sending of Customs Officers with large salaries
is (as Mr. Penn has truly observed from the temper of his
friends) only a charge to the Crown. To prevent this open con-
tempt of the King's laws I would propose that the King take into
his own hands the Government of all these petty independent
Plantations, reserving to the owners always such rights and interests
as are granted by their patents ; otherwise, should a hundred Acts
be made for their regulation, they will never be obeyed. It is
also absolutely necessary that the Admiralty send out at least two
light frigates, to be under Lord Bellomont's orders, besides those
already appointed for New York and New England ; otherwise it
will be impossible to prevent illegal traders and pirates from
184 COLONIAL PAPERS.
1698.
trading along the eight hundred miles of coast from New England
to Carolina and to defend lawful traders from pirates. They should
be stationed at New York. Signed, E. Randolph. 2 pp. A short
abstract is attached. Endorsed, Reed. 6 July, Read 4 Oct., 1698.
Enclosed,
404. i. Copy of the title of the new laws made in Pennsylvania,
viz. : " The laws made and passed by William Markham,
'Esquire, Governor under William Penn, Esquire,
' absolute proprietor of the province of Pennsylvania
'and the territories thereunto belonging, by and with
' the advice and consent of the Council and Representa-
' tives of the said province and territories in General
'Assembly met etc."
Here follows, Copy of the clause of an Act permitting
those who object to take an oath, to make an affirmation ;
with copy of the affirmation for judges and justices.
1 p. Endorsed, Reed. 6 July.
404. n. Examination of Peter Glaus, of Philadelphia. In
August, 1693, he was on board the ship Golden Lion's
Arms, John Johnson, Commander, of sixteen guns and
130 men, which sailed for the West Indian trade with
another ship in company, both having the King of
Denmark's Commission. On that day, while they were
at anchor off the He de Prince, a ship of 46 guns under
English colours came in, took both the ships, under
pretext of England being at war with the Danes, and
plundered them. They then set one of them on fire,
and having fired some shots into the other left them.
They then sailed to Fernando Po, taking seventeen of
the men with them, including deponent, and thence to
the coast of Persia, where they took a large ship, and
having plundered her sailed towards Europe, and at last
arrived at Providence Island. Robert Clinton and
Edmond Lassells were both on the ship.
Examination of James Brown. He was trading on
the coast near Madagascar where he met the ship
Fancy, Henry Every, Commander, who gave deponent
a passage to Europe as an old acquaintance. He did
not for some time find out that he had been on a
piratical voyage. Peter Glaus, Lassells and Clinton
were on board. 1 p. Endorsed, Reed. 6 July. [Board
of Trade. Plantations General, 4. Nos. Ill, llli., n. ;
and (without enclosures), 34. pp. 295-300.]
April 26. 405- Memorandum of the receipt of the above letter. p.
[Board of Trade. New York, 1. No. 62.]
April 26. 406- Minutes of Council of Virginia. Order for security to
be given for the prize ship, St. Louis. Sheriffs were appointed for
the several counties, and warrants for sundry payments were
signed. [Board of Trade. Virginia, 53. pp. 121-122.]
April 26. 407. Minutes of Council of Maryland. William Bladen
appointed Clerk of Council. Order for securing the public records
AMERICA AND WEST INDIES. 185
1698.
left behind by the late Clerk, and for making an inventory of them.
The Duke of Shrewsbury's letter of 25 September, 1697, read, and
order issued for preparation of a proclamation concerning pirates.
Captain Bostock's letter of 15th iust. read, reporting the burning of
the packets brought in H.M.S. Swift. The Governor announced
that he would write to Captain Bostock to offer him every
assistance.
April 27. William Bladen sworn Clerk of Council. On the petition of
masters of ships in Virginia, it was ordered that they be permitted
to come and register their ships in Maryland. [Board of Trade.
Maryland, 13. pp. 475-478.]
April 29. 408. Governor Codrington to Council of Trade and Planta-
Antigua. tions. I have received yours of 23 February with the proclamation
enclosed. I am glad that you approve of my reasons given you in
relation to Tortola. The documents which I have sent to you should
put the title to which the Dutch pretend clearly out of dispute,
and I shall observe your orders to prevent foreigners from settling
on any of the Virgin Islands. I received about a month since the
Commission to restore the French to their part of St. Christophers,
and have already ordered the English to withdraw from it. When
the French took our part of it they destroyed everything, and our
people on retaking it destroyed everything of theirs in requital
except their church and a few houses in Basseterre which were
spared in the hope that the Treaty might give us the whole island ;
but as soon as our people had notice to leave them they pulled
them down and moved the material on to their own ground, for the
French left not a house, of ours standing. I shall observe your
orders to send Sir William Stapleton such intelligence as may be
useful to him. The affidavit which you sent me in relation to
Captain Ganspoole's servant, Benjamin Burnett, I gave to the
Captain himself, and found that he had already sent him to Barba-
dos so that the lad must have misinformed his friends. Signed,
Chr. Codrington. \ p. Endorsed, Eecd. 22nd, Read 23rd June,
1698. [Board of Trade. Leeward Islands, 5. No. 80 ; and 45.
pp. 202-204.]
April 29. 409. The Attorney-General to Council of Trade and Planta-
tions. I find no objection to the Acts of Massachusetts passed in
September and October, 1697 (list of tied re fjii'cn), but would remark
that the Act concerning French prisoners, being determined by the
close of the war with France, needs no confirmation. Signed, Tho-
Trevor. 1 pp. Endorsed, Reed. 2nd, Read 3rd May, 1698.
[Board of Trade. New England, 6. iVo. 19 ; and 36. pp- 873-
374.]
April 29. 410- William Popple to Sir John Fleet, Governor of the East
Cockpit. India Company. Forwarding copy of Sir Charles Hedges's opinion
as to the ship Buckhurst (see No. 396), and promising that the
opinion of the Attorney and Solicitor-General on the same subject
shall be likewise transmitted as soon as received. [Board of Trade.
Plantations General, 34. p. 279-]
April 29. 411- William Popple to the Attorney and Solicitor-General-
Cockpit. Asking for their thoughts upon the draft of an Act to be prepared
186
COLONIAL PAPERS.
1698.
April 29.
Cockpit.
April 29.
April 30.
Admiralty
Office.
April.
Perth Araboy.
for the trial of pirates in the Plantations, with all possible despatch,
lest the opportunity of this session of- Parliament be lost ; and
reminding them that their opinion as to the ship Buckhurst is also
awaited. [Board of Trade. Plantations General, 34i p. 280.]
412. William Popple to the Hudson's Bay Company.
Forwarding extract from Secretary Yemen's letter of 25 April, with
a copy of a memorial relating to the breach of the capitulation of
Fort Bourbon (No. 397), with a request for speedy information and
assistance. [Board of Trade. Hudson's Bay, 3. p. 46.]
413. Journal of Council of Trade and Plantations. Sir
Charles Hedges's letter of 22nd inst. read (No. 396). Order for
copy to be sent to the East India Company, with the further inti-
mation that the opinion of the law-officers upon the same subject
shall be also communicated to them. Order for a letter to the law-
officers this day (No. 411).
Mr. Duke attending said that he had no instructions to answer
the complaints against the Rhode Island Government, and was
unwilling to do so without instructions.
A letter from Mr. Vernon of 25th inst. as to interloping trade
with Newfoundland was read; and thereupon Mr. Lockley was
ordered to attend on Monday next. Copies of the papers also
enclosed therein as to the surrender of Fort Bourbon were ordered
to be sent to the Hudson's Bay Company (A T o. 398), and a letter to
the Admiralty to enquire as to the convoys to Newfoundland was
also ordered.
Heads of a representation upon the extract from Captain
Aldred's letter (^Yo. .400) were ordered to be drawn. [Board oj
Trade. Journal, 11. pp. 36-40.]
414. William Bridgeman to William Popple. The convoys
going to Newfoundland this year will none of them return directly
to England, but will proceed with the trade to Portugal and the
straits. Sif/ned, Wm. Bridgeman. p. Endorsed, Reed. Read 2
May, 1698.' [Board of Trade. Newfoundland, 3. No. 107; and
25. p. 211.]
415- Governor Basse to William Popple. After a long and
tedious voyage I reached New York in Lord Bellomont's company,
and proceeding to the Jersies published my commission and was
sworn. To shew how the inhabitants received me I enclose a letter
from the Council to the Proprietors. The only event since my
arrival is that on the 9th inst. a pirate came into Sandy Hook,
landed some men and killed several hogs. Some of them told the
people that they belonged to Rhode Island, and that shortly there
would be four or five Red Sea pirates on the coast. I at once
informed Lord Bellomont, but the pirates, hearing of the change of
Governors both there and here, put out to sea. I wish that some
way might be found to suppress these sea-wolves and secure our
East India trade. Another very prejudicial thing is the illegal
trading to Cui^oa and Madagascar which Lord Bellomont does his
utmost, to discourage. I believe that a small fortification at Sandy
Hook with ten or twelve men, one of whom ought to be a waiter to
board every vessel, would do better service there for this end than
AMERICA AND WEST INDIES. 187
1698.
the more chargeable maintenance of a man-of-war. I have com-
municated this to Mr. Randolph, who seems to approve of it. To end
the controversies between the provinces about duties on goods
exported and imported, it might not be amiss to bring all to an equal
level by an Act of Parliament. I have just cause to believe that no
other means can prove effectual, the several Assemblies being very
hardly brought to such a compliance ; and it is the only way to
reduce the trade of the several provinces to greater equality.
Sinned, J. Basse. 1 p. Endorsed, Reed. Read 4 July, 1698.
Enclosed,
415. i. Council of East New Jersey to the Proprietors, Bur-
lington, 14 April, 1698. Governor Basse arrived here
on the 12th hist, to our great joy. We thank you for
his appointment and do not doubt that he will perform
his office perfectly. Such rude perverseness has seized
the class of people called Quakers that none would move
a foot to meet him, conduct him into town, or pay him
the civility of a visit at his lodgings. The other people
received him with every demonstration of joy. tiif/ned,
John Tatham, Tho. Revell, John Jewell, Edward Ran-
dolph, on behalf of the rest. 1 p. [Board of Trade.
Proprieties, 2. Nos. 16, 16 i. ; and (without enclosure)
25. pp. 210-212.]
May 2. 416. A list of bonds received from the Collectors of the
Virginia. King's Customs in Virginia. This comprehends a list of thirty-
nine ships, with a note against each stating the result of putting
the bonds in suit, and the sums for which judgment was given in
certain cases. Signed, William Randolph, Attorney-General. 1 p.
Endorsed, Reed. 24 Sept. {Board of Trade. Virginia, 6. No. 44.]
May 2. 417. Journal of Council of Trade and Plantations. Mr.
Lockley attended and gave information as to interloping trade with
Newfoundland. Mr. Bridgeman's letter of 30 April read (Ao. 414),
and order given for a letter thereupon to Mr. Vernon to be prepared.
May 3. The Attorney-General's letter of 29th ult. to the Secretary read ;
and orders given for a letter to Sir Henry Ashurst thereupon
(Xo. 420), and for a further letter to the Attorney and Solicitor-
General (Ao. 424).
Sir William Beeston's letter of 1 March read ; and orders as to
an answer given.
May 4. Mr. Duport attended, and asked for a despatch of the Council's
report on the Hudson's Bay Company's business. Order for the
Secretary to write to the Hudson's Bay Company thereupon.
May 5. Orders for Mr. Harris to be requested to send a description of
the seals for Bermuda and New Hampshire ; and for the Governors
of Colonies to be reminded occasionally of their instructions to
send home naval accounts and lists of ships.
Representation on the complaint of Captain Aldred signed
(No. 427).
The Attorney and Solicitor-General presented their opinion upon
the matter of the ship Buckhurst (No. 419). Order for copy to be
sent to the East India Company.
188 COLONIAL PAPEES.
1698.
Draft Act for trial of pirates read. The Secretary was directed
to ask the law-officers to explain certain heads thereof.
May 6. Order for a letter to Mr. Henry Crips, now living at Wandsworth,
that he bring to the office several papers of the Council of Trade of
1662 and 1663, now in his hands.
Copy of a warrant for providing seals for Bermuda and New
Hampshire read.
Order in Council of 31 March, appointing John Corbet to the
Council of Antigua, read. Mr. Edward Walrond presented two
bundles of papers relating to Governor Codrington's administra-
tion. Letter of the Lieutenant-Governor and Council of Mont-
serrat in vindication of Governor Codrington read. Several papers
from Governor Codrington himself and from Mr. Hutcheson were
also laid before the Council.
Letter to Mr. Vernon of this day as to Newfoundland signed.
[Board of Trade. Journal, 11. pp. 41-53.]
May 3. 418. Commissioners of Ordnance -to the Earl of Romney.
<rw auce With reference to the memorial of the Council of Trade respecting
the defence of Newfoundland, we agree that for the preservation
of the fort lately built there a master gunner, six gunners and a
storekeeper are absolutely necessary ; but this being a new
establishment we hope that the King will order particular provision
for payment of the same, amounting to JB401 10s. per annum, or
oblige the planters, who reap the whole benefit of the place, to be
(as in other plantations) at the whole charge of the same. We
have consulted our engineer, Mr. Richards, who lately came from
Newfoundland, and agree as to the advantage of perfecting the
fortifications already made and of raising two more batteries. We
annex an estimate of the same amounting to 1,075, and as this is
an extraordinary charge we hope that this work may not proceed
until the Treasury has made a particular allotment for the same,
for, as you are aware, the money allowed to us by Parliament will
not with the utmost care meet the unavoidable expenses of our
office. Sif/ned, H. Goodricke, C. Musgrave, Jon. Charleton, Ja.
Lowther, Win. Boulter. Here folloius an estimate of the cost of
materials and tools for building breastworks at the entrance of St.
John's Harbour. Total, 1,075 17s. 2rf. The -whole, 2 pp. Copy.
Endorsed, Reed. 6, Read 8 May, 1698. [Board of Trade. New-
foundland, 3. No. 108 ; and 25. pp. 213-215.]
May 3. 419. The Attorney and Solicitor-General to Council of
Trade and Plantations. On perusal of the representations of the
East India Company enclosed (No. 388) we are of opinion
that the suggestions therein contained are not ground sufficient to
lay any embargo or issue any process to stop the ship Buckhurst
from proceeding on her intended voyage. But you may acquaint
the persons concerned therewith, and desire them to give you
satisfaction as to the allegations therein. Signed, Tho. Trevor,
Jo. Hawles. i p. Endorsed, Read 12 May, 1698. Annexed,
419. i. Copy of the East India Company's letter of April 20
and its enclosure. 3^ pp. [Board of Trade. Planta-
tions General, 4. Nos. 112, 112 1. ; and 34. p. 282.]
AMERICA AND WEST INDIES. 189
1698.
May 3. 420. William Popple to Sir Henry Ashurst. Urging him to
Whitehall, solicit the Attorney and Solicitor-General to give their opinion on
certain Acts of Massachusetts which have heen hefore them since
September, 1696, as it is not right that those Acts should be kept so
long in suspense. [Hoard of Trade. New England, 36. p. 372.]
May 3. 421. Minutes of Council of Barbados. Ordered that the
wines purchased for the new Governor be disposed of, not being
good, and others purchased, and that all petitions now lying before
the Council be despatched at next sitting. Resolved that Mr.
Edwards be summoned to attend with his proposals at next meeting.
Order for the hire of a house and for the issue of writs for holding
General Sessions. Order for the Committee of Accounts to meet
for the settlement of the Treasurer's accounts. Mr. Sharpe's com-
mission and papers held over for further consideration. Resolved
that the disposal of the 800 remitted home to buy servants be
submitted to the consideration of the Assembly at its next sitting.
Order for the Naval Officer to attend next meeting and explain why
he had not sent in his quarterly accounts. [Board of Trade.
Barbados, 65. pp. 346-348.]
May 3. 422. Minutes of Council of Maryland. The Governor asked
several masters of ships their opinion as to preventing the desertion
of seamen, who suggested a reward for the apprehension of runa-
ways and severe penalties on those that harboured them, but said
that the chief refuge of runaways was Pennsylvania. The Governor
promised to lay their proposals before the Assembly and report
them to the Council of Trade. An order to be sent to the head of
the Bay to prevent sailors passing into Pennsylvania. An informa-
tion was heard against George Jackson that he had declared that
he would not acknowledge the present Government. Sheriffs
appointed.
May 4. A Collector's Accounts and shipping-lists sworn to. Order for
seizure of George Jackson's books and papers. Information heard
against Gerard Slye, that he had declared that the Governor had
intercepted several letters not addressed to him. A letter from
Gerard Slye speaking ill of the Governor was also read, and order
was given for his arrest. Information was given as to a letter
addressed to the Governor which had been broken open. Warrant
signed for Slye's arrest. [Board of Trade. Maryland, 13. pp.
478-487.]
May 4. 423. Address of the Colony of Rhode Island to the King.
Newport. \Ve have received a packet from the Council of Trade of 26 October,
1697, with orders to proclaim peace between France and England,
which wo have duly done. Your royal letter of 22 April, 1697,
reached us on 12 January, 1697-8, drawing attention to abuses in
the plantation trade due in part to the remissness of governors.
Your Royal admonition shall meet with a filial obedience. The
Duke of Shrewsbury's letter of 25 September, 1697, with your
commands against pirates, has also been received, and we have
issued a proclamation to enforce them. Since your favour has
preserved to us our ancient rights and privileges we beg you to
secure us from any endeavours against the same and to entertain
190 ,. COLONIAL PAPERS.
1698.
no information against us to our prejudice till we have had the
opportunity to reply. We cannot forget the bountiful expressions
used towards us by King Charles II. in the sixteenth year of his
reign. We must inform you that during the late war several
privateers came in and petitioned for a trial of their prizes, upon
which the Assembly for their encouragement judged it expedient to
erect a Court of Admiralty (there being none uncter your immediate
Commission) and therefore erected the Governor and Council into
such a Court, who acted accordingly. But being ignorant of the
laws provided in such cases and having no instructions from you or
from the Admiralty, we could only act according to the best of our
knowledge. We beg your pardon for our failure herein, and shall
pray unceasingly for your prosperity. Signed, Sam. Cranston,
Govr. Two closely written -pages. [America and West Indies. 561.
No. 44.]
May 4. 424. William Popple to the Attorney and Solicitor-General.
Cockpit. Having laid before the Council of Trade the report on certain Acts
of Massachusetts, I am to remind you of others of earlier date
upon which you have not yet reported. I also send Acts of
Antigua and Montserrat for your opinions ; some of them appear
to be duplicates of Acts already in your hands. Here follows, a
list of seventeen Acts of Antigua from 12 March, 1697, to
4 February, 1698, and one Act of Montserrat. [Board of Trade.
Leeward Islands, 45. pp. 177-180.]
May 5. 425. William Popple to Mr. Harris. Asking for a descrip-
Cockpit. tion o f f^ geals t na ^ ne nas cu t f or Bermuda and New Hampshire,
in order that a warrant may be prepared to send with them.
Here follows, Abstract of the answer of Mr. Harris, to the effect
that both seals were engraved with the King's arms, garter, sup-
porters, motto and crown, with the inscriptions, SigiJ: Insular:
Nostra : de Bermud : in Americ. for Bermuda ; and Sigill :
Provinciae Nostrae Nov : Hamptonite in Americ : [Board of Trade.
Plantations General, 34. p. 281.]
May 5. 426. William Popple to Sir John Fleet, Governor of the
Cockpit. East India Company. I forward copy of the opinion of the Attorney
and Solicitor- General as to the ship Buckhurst (see No. 419).
The Council of Trade on observing this opinion refer it to the
East India Company to offer anything further that they have
or can procure more material. [Board of Trade. Plantations
General, 34. p. 283.]
May 5- 427. Council of Trade and Plantations to the King. Upon
Cockpit the orders received from Mr. Secretary Vernon of 25 April
(No. 399) we report you as follows. The former method of furnish-
ing your Majesty's ships in the Colonies has been by naval officers,
who took upon them that duty in virtue of their office and drew
bills for payment thereof. This method being disapproved by the
Admiralty (as we have understood) the commanders of ships applied
to the merchants in the Colonies, who supplied them with the
necessary provisions from time to time upon their drawing bills,
until, in consequence of the war, the bills were not met according
AM K MIC A AND WEST INDIES. 191
1698.
to expectation, either in time or manner of payment, the merchants
suffered great loss and disappointment, and the credit of the com-
manders was impaired. We would suggest that Agents be appointed
by the Admiralty in the several Colonies and be furnished by them
with sufficient credit for the supply of your ships of war. As to
Captain Aldred's complaint, the President and Council of Barbados
have informed us, in a letter dated 12 January, that the credit of
the King's ships in the Colonies had been lost by the disappoint-
ments before mentioned, and that they had been obliged to pledge
their private credit to fit out the Newcastle and the Bideford. The
occasion of further supplies for the Essex happening about a month
later, it is probable that neither the same persons nor any others
were then willing to engage their credit any further until they were
satisfied that their former bills had been paid. We therefore
recommend again either that Agents be stationed by the Admiralty
in the Colonies with credit to buy the necessary provisions, or that
such stores be sent and lodged from time to time in the Colonies
under the inspection of an officer appointed by the Admiralty
for that service. Signed, J. Bridgewater, Ph. Meadows, Wm.
Blathwayt, Abr. Hill. [Board of Trade. Barbados, 44. pp. 189-
193.]
May 5. 428. Minutes of Council and Assembly of Nevis. The
Assembly assented to a proposal of the Council to procure more
lignum citte for gun-carriages, and the Council to a proposal of the
Assembly for the Agents' accounts to be delivered to the Treasurer.
[Board of Trade. Leeward Islands, 64. p. 469.]
May 5. 429. Minutes of .Council and Assembly of Antigua. In
compliance with a message from the Assembly, the Governor signed
the certificate of seven Acts lately sent home, also several orders,
and swore in two new members of the Assembly. Long address
from the Assembly complaining of the extortion of excessive fees,
of vexatious enforcement of regulations by naval officers, of heavy
taxation, and particularly of the burden of supporting the King's
soldiers. Answer of the Governor that the extorter of excessive
fees and the offending naval officer should be brought to trial, but
that it would be a hardship to the soldiers not to renew the Act for
granting them quarters. Orders for payments. Order for John
Lucas to give .5,000 bail to take his trial at the next Grand Sessions.
[Board of 'Irade. Leeward Islands, 64. pp. 255-260.]
May 6. 430- Council of Trade and Plantations to Mr. Secretary
Cockpit. Vernon. We have already answered one of the enquiries in your
letter of 25th ult., and now inform you that we believe the question
of provisions for Newfoundland to be already settled with the
Victualling Board. As to the return of the soldiers from thence,
since the convoys are not to come home direct, we recommend that
the Admiralty be instructed to order the Commander-in-Chief of
the convoys to agree with any of the fishing- ships there that are
bound homeward direct for the passage of the soldiers aforesaid.
Signed, J. Bridgewater, Ph. Meadows, Abr. Hill. [Board of Trade.
Newfoundland, 25- pp. 211-212.]
192 COLONIAL PAPERS.
1698.
May 6. 431. Memorial of Edward Walrond to Council of Trade and
Plantations. Governor Codrington, being resident at St. Christo-
phers when the King's letters arrived to give an account of Mons.
Pointis's squadron, a Council of War was convened by order of
Lieutenant-General Thomas Hill at Antigua, when it was thought
expedient to open the packet at once, though the Governor was
absent. The purport of the packet was that the Governor should
prepare to defend himself in case of an attack on the Leeward
Islands. The packet also contained directions that he should not
fail to order the inhabitants wholly to desert the French part of
St. Christophers and discourage settlement thereon ; but instead
thereof the Governor inveighed against the impudence of the
Council of War in opening packets addressed to him, and did what
in him lay to suppress the knowledge thereof from the inhabitants
thereof, threatening Major Joseph Crispe for divulging the same,
Major Crispe having received an account from Mr. Blathwayt as to
the orders given respecting the French part of the Island. Never-
theless Major Crispe discovered the contents of his letters to the
intent that the inhabitants might no longer be deceived nor wholly
ruined by the Governor's repeated abuses. Lieutenant-General
Hill in particular has since discontinued the improvement of his
plantation in the French ground. Major Crispe's testimony will
confirm the truth of this, but all that I have said is confirmed by
several who were of the Council of War when the packet was read.
The Governor has drawn off some of the inhabitants of the northern
plantations for the settlement of St. Christophers, as also some
planters from Barbados, by giving them warrants for land on the
French ground. He has even given warrants for the same land to
three or four persons, so that by his deception they have spent
their time and substance fruitlessly in improving land which is
now restored to the French. He gave the late Governor Francis
Russell a warrant for the plantation of Madame Salinave,
whose husband had deserved well of the English. The King
ordered everything to be restored to her, but the Governor
granted away her plantation as aforesaid, hoping to benefit himself
by the friendship of Governor Russell's family. Governor
Russell discovered this a little before his death and resented
it accordingly. Could a greater indignity be offered to one of
Governor Russell's quality? This general disobedience to the
King's orders is supposed to arise from Governor Codrington's
insatiable avarice, for he has no fewer than sixteen coppers in two
several works in St. Christophers, with which he makes a vast
quantity of sugar of which he sends the greatest part to St. Thomas's
and Curacoa, to the diminution of the King's revenues. When
Captain Frederick Weighman, now dead, commanded H.M.S. ship
Colchester, the Governor gave him orders (which orders I have
seen, in the hands of Weighman's nephew) to take Captain John
Perrie to St. Thomas with letters of importance to the Governor.
Captain Weighman at first refused, but on receiving second orders
he sailed as bidden to St. Thomas's when Perrie put on board the
Colchester several negroes which he had purchased from the
Bradenburgher's factory for the use of Governor Codrington and
others. The negroes were accordingly transported in the Colchester
AMERICA AND WEST INDIES. 198
1698.
to St. Christopher's, and having the flux and malignant fever
infected the crew, so that many of them besides Captain Weighman
and other officers died.
About four years ago James Weatherhill of Antigua, commander
of the privateer sloop Charles of Jamaica, took a Spanish merchant-
man of great value. It is credibly reported that several Spaniards
were killed in defending their ship against these pirates, and those
who survived were inhumanly abused. Happening to discourse
with our Lieutenant-Governor, John Yeamans, I mentioned that I
had heard that Captain Julius of H.M.S. Jersey and John Perrie,
now Provost Marshal of the Leeward Islands, went down in a little
sloop (which Julius commanded) to a Spanish town where Weather-
hill was lying with his prize, that there Julius had traded with the
pirate, and that I wondered why Governor Codrington had not prose-
cuted Weatherhill for piracy and Julius and Perrie for trading with
them. Mr. Yeamans replied that he had advised the Governor
to prosecute them and that he drew a general warrant for their
apprehension, which Governor Codrington promised should be
executed. But he never did so, and instead thereof afterwards
preferred Julius to the command of H.M.S. Chester, though he
had sworn in the company of Lady Stapleton and others that
Julius should be hanged. He even refused to eat some bacon
which Julius had bought of Weatherhill. I had this account from
Mrs. Katharine Fenton, who was present, but is now dead. Lady
Stapleton, who is in England, could doubtless confirm it. When
Weatherhill committed this piracy John Perrie kept a tavern in St.
Johns, Antigua ; and Perrie harboured Weatherhill in his house until
Perrie could assure him that he might safely appear. Weatherhill
has since been so impudent as to bring on his own trial at the
Grand Sessions, at the same time as when Robert Arthur was tried,
but the Court would not permit Weatherhill's trial to be brought
on. Perrie was shortly afterwards promoted from his tavern to
Governor Codrington's service. This incestuous person has
married his own brother's widow, for which he was prosecuted by
the Assembly of Antigua, but the proceedings were obstructed by
Governor Codrington. Perrie is his prime vizier who manages the
most important affairs of this high and mighty sultan, as well in
relation to civil authority as to secret trade with foreigners. If
such actions correspond with the character which the Council and
Assembly of Antigua have given to Governor Codrington, with
intent to invalidate my statements as to Captain Arthur, then vice
triumphant is esteemed virtue, but their partiality is explained by
their combining with him to trade with the French during the
war, for which see John Clarke's deposition annexed. Colonel
Rowland Williams admitted that he was concerned in the ship
bought by Martyn and Roe at Martinique, and Edward Byam
acknowledged that he had received excise for the brandy which they
bought at Martinique. The foregoing will shew you how faithfully
the King's interest has been promoted by those entrusted with the
Government here. These and many other abominable practices of
Governor Codrington have induced me to prefer all my complaints
against him. I have had frequent solicitations from his favourites
to dissuade me from proceeding therein, but I have not gone with
4226 N
194 COLONIAL PAPERS.
1698.
the multitude to flatter a man whose will is law, though I have
suffered much since I had my difference with Governor Codrington,
but I had rather forego all I possess than submit to arbitrary power.
I expect great opposition in the undertaking, but am comforted to
think that my judges are men of honour and integrity. Signed,
Edward Walrond. 5 pp. Endorsed, Eecd. 6 May, 1698.
Annexed,
431. i. Memorial of Edward Walrond to Council of Trade and
Plantations. I herewith lay before you depositions
taken before the Superior Court of Barbados, as also
others taken before Colonel Holt on H.M.S. Newcastle.
I could not take them in the Leeward Islands, General
Codrington having risen to that height of arbitrary power
that the subordinate magistrates are deterred from any
duty which thwarts his unjust practices. I procured
the depositions at Barbados with difficulty, Mr. Robert
Blake, an Irish papist and favourite of Governor Cod-
rington, having been sent by him with a letter to
President Bond. Having made private application to
the President he was permitted to obviate in open
Council what I offered against Governor Codrington,
alleging that it was illegal and unreasonable that depo-
sitions should be taken against him in his absence and
when he could not cross-examine the deponents. The
major part of the Council rejected Mr. Blake's defence,
since my matters were so immediate for the King's
service, but others gave me great discouragement and
would have referred the taking of the depositions to
two justices if they had not been overruled by the rest.
These few gentlemen met, and in the absence of the
Council passed an order that the seal of the island
should not be affixed to the depositions, by which
you may understand their partiality for Governor
Codrington; but I hope that the unjust usage which
I have received from a part of the Barbados Council
will not be imputed to the whole. The deposi-
tion of the Spanish Doctor will show that Governor
Codrington has not only failed in his duty and allegiance
but has violated the law of nations. There are some
particulars in reference to the illegal trading of Samuel
Martyn and John Roe which require explanation. When
Major Samuel Martyn returned from Martinique in the
flag of truce he came to anchor at night in St. John's
Harbour, Antigua, to have the opportunity of landing
the goods purchased from the enemy unseen. But
Captain Fisher of H.M.S. Jersey, having some intima-
tion of his design, went on board the ship, and searching
her found brandy and other French goods, for which he
seized her. The discovery was so apparent that the
ship was libelled and both ship and cargo confiscated,
much to Governor Codrington's dissatisfaction and that
of his Council ; and to keep Captain Fisher from further
mischief the Governor presently sent him to Barbados
AMERICA AND WEST INDIES. 195
1698.
with bills of exchange for a large sum oi money to pay
Holt's regiment, but the bills were not accepted. The
true intent of sending the Jersey to Barbados- was that
Captain Roe (who had been left at Martinique to fit the
ship and brigantine) should bring those vessels to Antigua
while the man-of-war was absent, which was accordingly
done. Martyn and Roe were never prosecuted for their
trading with the French, and the reason plainly is that
the Governor and Council are their brothers in crime.
I hope the King will now have leisure to rectify these
miscarriages which, owing to the war, have gone on so
long unpunished. Had I been at Antigua when the
Governor received your acccount of my complaints
against him, I am assured by my friends that he would
have stopped my mouth. His threats drove me to
Barbados, from whence I am now come to England in
H.M.S. Newcastle. Unsigned. 2J pp. Endorsed,
Presented by Mr. Edw. Walrond.
431. n. Petition of Edward Walrond to the President and
Council of Barbados. Asking that certain depositions
may be sealed with the island seal before them in
Council.
Order of the Council of Barbados for the parties
named to attend Council next morning. Dated, 8 Dec.,
1697. Originals. 1 pp.
431. m. Petition of Edward Walrond to the Council of
Barbados. Asking again for the island seal to be
affixed to his depositions. 24 Jan., 1697-8. % p.
431. rv. Letter from John Clark to Mr. Fitzgerald, Barbados,
22 April, 1697. On parting from this island I unfortu-
nately met with a ship of London, on which I shipped a
considerable cargo for Maryland, but owing to this vessel
not being ballasted we could not keep our course.
Before we left the convoy he pretended a leak, but the
master would not send for a carpenter from the man-
of-war just ahead to repair it. I believe she was con-
siderably insured upon his owners. Thus it happened
that I was taken into Martinique. This would have
been to my advantage but for Major Samuel Martyn
and Captain John Roe of Antigua, the two greatest
villains I ever met with. Two days after my arrival
in Martinique I bought a vessel called the Fortune, of
Dublin, and drew bills on Barbados. The master, with
whom I was taken, and some of his men helped to rig
her, and we wanted nothing to complete us for sailing
but three hands, whom we were expecting hourly, when
Martyn and Roe came into Martinique, under notion of
a flag of truce, but in reality to buy this vessel, of which
they had heard. They had brought ready money with
them to buy the vessel as well as to buy wine, brandy
and soap, which they did. As I was in possession of the
vessel and her pass, they were obliged to discourse with
me, and we agreed that I should have one half share,
19f) COLONIAL PAPERS.
1698.
they advancing the money and I to reimburse them.
This was our verbal agreement, but when the money
came to be paid Martyn would have me resign another
quarter part, saying that it was on Governor Codring-
ton's account, and that he could not answer it him at
.his return unless he was concerned, having his money
in his hands. Finding myself in a strait I consented that
Governor Codrington should have a quarter part and kept
only a quarter for myself, upon which the money was paid,
after which Martyn and Roe said that the fourth part
was for Captain Samuel Home and others, so that they
circumvented me of one-fourth part of the vessel
without any profit in Martinique. We now awaited the
condemnation of the ship which I got in my name, as
the pass was, and on the back-side assigned one half to
Roe according to our first agreement. We then sailed
to Antigua, where we found that freight was 18s. per
hundred for sugar to London, where I hoped to be in a
little time, but was frustrated by Martyn, Roe and their
adherents, who would not fit her out, alleging that as
they had paid for her in Martinique they would have
the benefit of their bargain. But knowing that all her
papers were in my name they thought it convenient to
act another part of their villainy in order to gain them.
For this purpose they got out a warrant of arrest against
me, knowing that as a stranger I should find it difficult
to get security, and that if I gave it, it would cost me
much time and expense before it came to a trial, there
being no Courts open. I was advised for the present to
keep out of the way, which I did, and soon afterwards
I fell ill of the distemper, which turned into fever and
ague of which I could not get rid for over four months.
After my recovery Captain O'Bryan came to my lodging
and I agreed with him for a quarter part of his ship for
377 pieces-of-eight, and to make the bargain secure he
brought two witnesses. He then left Antigua for three
months, and when he returned told me that he was off
his bargain, and bade me take my course for damages.
This was unexpected, but I understood that it was part
of the design of the other knaves, who furnished
an account of disbursements of over 170 on the
ship, without date or signature. I took the
affidavits of John and George Gamble, the two
witnesses to my agreement with O'Bryan, before
Governor Codrington, who seemed displeased thereat,
and to avenge himself caused the warrant of arrest to
be executed on me. I was kept that night at the bailiffs
house and next day was brought before him in Council,
when they ordered that I should be kept in St. James's
fort until by law discharged. I saw now that having to
do with judge and party, I must hazard my life if I
went to the fort, which is three miles from the town,
with no plantation near it, the muntross [ ? matross]
AMERICA AND WEST INDIES. 197
1698.
houses not tenable, an infinite number of mosquitos, no
sustenance except from the town, each message to the
town costing a piece-of-eight and this to continue, for
aught I knew, for my life, for by Act of the country no
Courts were allowed during the war. I could only
escape this by resigning my title to the ship, which I
did, reserving the certificate of my first agreement for
purchase of the ship and the master's confession of her
being prize to the French. The condemnation I gave to
them, though they had a copy of it before by sending a
flag of truce, which is done every month or five weeks ut
farthest an excellent way of trading. It was Samuel
Martyn's brother who went messenger when the copy
of the condemnation was returned. He had some
prisoners delivered on board his sloop whom he suffered
to fun away to a French sloop in Martinique Road, for
which misdemeanour he is detained till satisfaction is
made. The ship is now at Antigua ready to sail under
the name of the Dolphin, John Keir master. If I
thought that Solicitor Byrne could gain any advantage
against my enemies in Court I would send him copies of
my papers. Signed, John Clark. 8J pp. The truth of
the letter sworn to before the Council of Barbados.
14 Dec., 1697.
431. v. Deposition of John Clark. A repetition of the
essential points given in his letter (No. iv.) in almost
the same language. Sworn before the President and
Council of Barbados. 14 Dec., 1697. 2 pp.
431. vi. Certificate of Mons. Pinel of the purchase of the
ship Fortune of Dublin, first by John Clark for bills, and
secondly for ready money by John Clark and John Roe
as half owners. French, typp- Sworn to as No. in.
431, vn. Deposition of Henry Walrond. Towards the end
of September last a French flag of truce arrived at
Antigua from Martinique. I was then a volunteer on
board H.M.S. Jersey, Captain Edmond Bugdon, then
lying in St. John's Harbour. I was ordered to attend
the Captain in his pinnace to board and search the
flag of truce, when finding a quantity of French wine
and brandy on her the Captain seized her and reported
as much to Governor Codrington. The Governor
ordered him to restore the sloop and goods. The
Captain answered that he could not discharge her
except by due course of law and asked that she might be
brought to trial. I myself saw the letters that passed.
Soon afterwards the Governor sent a second order in
writing to discharge the ship, which the Captain
refused to do, and some days later the Governor came
down to- St. John's and sent for Captain Bugdon. I was
present at the meeting, and heard the Governor say,
" Sirrah, I wonder how you can have the impudence to
" look me in the face after being such a rogue to seize
198 COLONIAL PAPERS.
1698.
"a flag of truce and disobeying my commands." He
added that Bugdon was a rascal, saying, " Get you
" gone and discharge her, or I will take care of you,'
or words to that effect. Bugdon thereupon left him but
refused to discharge the ship. A few days later the
Governor sent a message on board the Jersey to summon
Captain Bugdon before himself and Council. Captain
Watts and Captain Julius were both with him, and I
also was present. The Governor commanded Captain
Bugdon to discharge the flag of truce, and on his refusal
threatened to turn him out of commission. He com-
plained to his Councillors and the two Captains that
Bugdon ought to be tried and said that he only awaited
the arrival of Captain Simmonds at St. John's in order
to try him. He said that the flag of truce should not
be tried ; and a few days afterwards she was discharged
by his order and sailed away. Captain Hartman, late
commander of Governor Codrington's sloop Barbuda,
taken by the French outside St. Christophers, was a
prisoner on board the flag of truce, and informed me
that no harm could be done to him for the goods brought
down in the flag of truce without doing harm to the
Governor, who was concerned in them ; for several of
the goods in her belonged to the Governor and were
bought for him. Sworn as No. in. 2 pp.
431. vui. Deposition of Alonzo de Bonne Maison, doctor of
physic. About the month of May, 1695, Don Francisco
Morales, commander of a Spanish ship, came to me in
St. Christophers and told me that his ship had been
lost in Barbuda, but that his crew had been saved, and
had by diving brought a great quantity of money and
plate, which had been lodged in the Castle of Barbuda,
where the Spaniards were allowed to keep it in their
own custody in their sleeping room. Shortly after-
wards they paid four or five hundred dollars to Captain
Nicholson, the Commander at Barbuda, to acquaint the
Governor of Antigua of the loss of their ship. Soon
after there came orders from Governor Codrington,
brought by Captain Perrie on the sloop Barbuda, upon
which all the Spaniards were confined, sentries put
over them, and the greater part of their plate and money
taken from them. They were then embarked on the
Barbuda for St. Christophers, and as they went on
board Captain Nicholson searched all their chests and
took all their* money except about two hundred dollars,
which Captain Perrie saved as a pretended favour to
the Spaniards. Perrie accompanied them to St.
Christophers, where I, being sick, sent my wife to
intercede with Perrie and the Governor to be more
favourable to my countrymen. I relieved them at my
own expense, for the Governor afforded them and their
commander not one glass of wine in his house, but
ordered them to go to one Hartman, commander of the
AMERICA AND WEST INDIES. 199
1698.
Barbuda, by whom they were badly entertained. The
Spanish Captain frequently came to me, and told me
these things, adding that he had great fear that he and
his company would be destroyed. Soon afterwards the
Captain sent me a message that he was forbidden to visit
me, whereupon I went to visit him at Basseterre, when he
said that he was afraid to be seen speaking with me, but
that it was proposed to him to have a sloop bought for
him to carry him and his company away. Captain Perrie
told me that he would help the Spaniards herein and in
anything else, out of kindness to me. Wishing to send
my son to Cura9oa I bought a ticket for him on the
sloop provided for the Spaniards, but Hartman went on
board her and forcibly brought him ashore again. About
two o'clock in the afternoon the Spaniards sailed from
St. Christophers, but after two hours at sea found the
sloop to be so leaky that they returned into the road,
entering it about eight o'clock. She was fired at by
small-arms for some time, and when the sloop was
careened the leak was found to be a man's span square.
This was mended and they sailed away. Captain
Morales told me that when his ship was lost he had on
board 13,000 dollars to pay the garrison of Maracaibo
besides great quantities of plate for the Governor.
Sworn as No. HI. 2 pp.
431. ix. Deposition of Gabriel McCrakan, sailor on board
H.M.S. Newcastle. In 1691 I was hired as a sailor at
forty-five shillings a month on board Governor Codring-
ton's sloop Barbuda, John Panton commander. I was
on her thirteen months, during which I helped to load
on her sugar and indigo which was afterwards trans-
ported to Cura9oa. During my service on her also I saw
sugar and cotton brought to Barbuda by one of Governor
Codrington's provision-sloops, which goods were after-
wards sold at Cura9oa by Panton. After fifteen months'
service in another of his sloops I could get no more
money than forty-five shillings from the Governor, who
told me that he would pay me if I would prove that he
had ever paid anybody. There are others who were on
the Barbuda who can testify to the truth of these things.
Sworn 10 March, 1697-8, before Colonel Holt.
431. x. Deposition of William Delavall. That in 1693 he saw
a fellow-mariner of New England in Falmouth, who told
him that he was with Captain James Weatherhill when
he took the Spanish ship, and that they seized them to
the cable, cut the anchor from the bow and let them
all run together. Sworn before Captain George St. Lo,
22 April, 1698.
431. xi. Copies of the complimentary addresses from the
Assembly of Antigua to Governor Codrington (see pre-
ceding Vol. No. 1317 vi.), and of the Governor's thanks.
2 pp. Here follows, A commentary thereon, evidently
the work of Edward Walrond, as follows. The doctrine
200 COLONIAL PAPEES.
1698.
of infallibility seems at last to have been discovered by
the Council and Assembly of Antigua, and to be centred
in Governor Codrington ; but I believe that if this
Divus Augustus were once removed from temporal
power he would be found subject to error. It is no
wonder that these gentlemen abandon their allegiance
to the King, since they attribute the late peace to the
Governor ; but Colonel Holt told me that he heard
Governor Codrington express great dissatisfaction at
the peace, saying that he would be 20,000 the worse
for it. No wonder that he laments the peace, for he
must now abandon his possessions in the French part
of St. Christophers. The Council and Assembly, more-
over, though they express great concern for the Governor,
express not the least for the King. If I had not appeared,
Arthur's case would never have been brought upon the
stage, and now their only subterfuge is to bear me down
with their characters of the Governor. They dared not
join with the Governor in prosecuting me. l pp.
431. xn. Letter (unsigned) from Edward Walrond to Council
of Trade and Plantations. These papers relate to a
flag of truce which was sent from Antigua to Martinique
by Governor Codrington, under pretence of fetching
English prisoners, but in reality to sell provisions to
the French, as appeared after the happy seizure of the
flag of truce by Captain Vincent Cutter of H.M.S.
Bonaventure. Being ordered with the Newcastle and
Sheerness by the Government at Barbados to cruise on
the enemy's coast, they accidentally met with her just
a& she was going into St. Pierre, when they reached
her and, finding her to be laden with provisions,
made seizure of her. On board the flag of truce, when
seized, was Mr. Barry Tankard, who has formerly
traded with the French, as is shewn by the deposition
of Henry Walrond. The brandy belonging to him in
the flag of truce, which was seized by Captain Bugdon,
was afterwards put on board the Colchester and carried
down to Nevis for Tankard. Then Tankard was inter-
cepted at St. Pierre, as above told, and he went on board
the Newcastle and asked the Captain to intercede with
Captain Cutter to release the ship, since if she were
carried into Barbados, he, Tankard, would be undone.
The papers that follow, which have the seal of Barbados
affixed, were sent by Governor Codrington for Tankard's
defence and used by his counsel, but the depositions
taken in Antigua, to Tankard's prejudice, were not sent,
though the Council and Assembly of Antigua requested
the Governor to send them. Such have been the
villainous methods practised in the Leeward Islands
during the war, whereby the French were enabled to fit
out their privateers and cause infinite loss, besides the
exhaustion of our money which has been carried away
in every flag of truce to pay for French goods. 1J pp.
AMERICA AND WEST INDIES. 201
1698.
431. xin. Copy of a letter from a gentleman in Antigua to
his friend in Barbados, 15 Feb., 1697-8. In my last I
told you how Mr. Tankard, sailing in a flag of truce
with beef for Martinique, was taken by Captain Cutter.
He pretended that he had leave to go to Barbados, but
I leave you to judge of that from the proceedings of the
Council and Assembly, wherein you will find that the
Governor knew nothing of it, and that he, the Council
and the Assembly agreed to send evidence against
Tankard to Barbados. You will say that it is strange
that the proceedings were not sent up, in this case, and
indeed it is strange that, after all the Governor's
professed ignorance and professed readiness to send
evidence against Tankard, he really did give him leave
to go to the island. After Tankard's return hither it
was found that he had a certificate of his clearing for
Barbados, yet before his arrival neither Governor nor
Custom-house Officers knew anything of it. George
Gamble has behaved like an honest man in being the
first to bring this business on the stage and in pushing
it so far, but he could not perfect his work for the
reasons already given. You will see from what I send
you that the country did not let the crime pass
unnotified and would not have let it pass unpunished.
The ship by which Mr. Walrond had sent home charges
against Governor Codrington was taken by a French
privateer and carried into St. Thomas. The Governor
there sent them to Governor Codrington, who sent them
down to the Council and Assembly to vindicate him, but
as he would not confirm some of their Acts they refused
to consider them and, their time being expired, the
Assembly is dissolved. Still it seems that some of Mr.
Walrond's letters reached England, for presently after
copies of them were received from the Council of
Trade, with orders from the Governor to vindicate
himself. Thereupon a new Assembly was chosen which
has tried to invalidate Walrond's statements, as has
also the Council, but I am confident that people will
think the house ruinous that needs such props to support
it. General Sessions were lately held at St. John's, when,
Mr. Walrond not appearing, his recognisance was forfeited,
but his counsel appealed to the Council and Assembly
and, in case they were not satisfied there, to the King.
But I think that matters were not very fairly carried on
when Mr. Palmer appeared for the King, and Mr. Crabb,
the chief and only evidence against Walrond, sat as one
of his judges. Copy. "2pp.
431. xiv. Deposition of Henry Walrond, taken at Barbados.
In September or October last a French flag of truce
laden with French goods was seized by Captain Bugdon
at Antigua. After the seizure Mr. Barry Tankard came
and asked me as a favour to intercede with Captain
Bugdon to let him take away from the seized ship six
202 COLONIAL PAPERS.
1698.
barrels of brandy for which he had paid, and that he
was ready to send to take out the barrels at night, BO
that no one should know. 1 p.
431. xv. Copies of the Minutes of Council of Antigua,
26 October, 1697. Message from the Assembly to the
Council complaining that Barry Tankard has misused a
flag of truce to carry provisions to Martinique, and
praying for an enquiry. Answer of the Council asking
for information that those who have thus offended may
be prosecuted. Message from the Assembly giving
information, and asking that the crew of the flag of
truce may be arrested on their return. Answer of the
Council that a warrant has been signed accordingly.
Minutes of the same, 16 December, 1697. Message
of the Council to the Assembly. Mr. Barry Tankard
has surrendered to take his trial. If you have anything
further against him, produce it so that he may be pro-
secuted.
Minutes of the same, 28 December, 1697. Message
from the Assembly to the Council. Tankard's ship is
under seizure at Barbados. We think that the evidence
of John Moore, Arthur Wharfe and David Rutherford
should be sent thither to be used against him. Answer
of the Council, that the Governor agrees and will act
accordingly. Message of the Assembly, forwarding the
depositions and praying that they may be sent to
Barbados. 4 pp.
431. xvi. Warrant of Governor Codrington for the arrest of
the sloop Diligence, Robert Knowles master, lately gone
with a flag of truce to Martinique. 12 November, 1697-
Copy. 1 p.
431. xvii. Copies of several documents relating to the case of
the sloop Diligence, which were sent to Barbados.
Governor Codrington's certificate of the authenticity
of the following documents. 21 December, 1697. \ p.
Governor Codrington's certificate, that about the
beginning of November he sent H.M.S. Colchester to
Barbados, and ordered Mr. Barry Tankard, who was
bound to Barbados, to call at Martinique on his way so
as to pick up some English prisoners to make up the
Colchester's complement. 21 December, 1697. 1 p.
Deposition of Captain William Julius, of H.M.S.
Colchester. That it was at his proposal that Tankard
was sent to Martinique, to fetch prisoners, on her way
to Barbados. The said prisoners were to have been
transferred to the Colchester at Dominica, and Julius
had begged Tankard to give out that he was going back
to Antigua, lest the released prisoners, on learning that
they were to be shipped on the Colchester, should
mutiny and run away with the ship. 21 December, 1697.
AMERICA AND WEST INDIES. 203
1698
Deposition of William Lavington. That Governor
Codrington had told him that Tankard's ship would
call at Martinique on her way to Barbados. Same
date. % p.
Certificate of the Collector of Customs of Antigua as
to the clearing of Robert Knowles's sloop for Barbados ;
and of Barry Tankard's declaration that she would
touch at Martinique on the way. 1 p.
Certificate of the entry of the foregoing certificate of
the Collector of Customs. p.
Captain Julius's sailing orders, 6 Nov., 1697. To
sail to Barbados, touching at Dominica on the way in
order to embark the English prisoners brought by the
flag of truce from Martinique. p.
Certificate as to a small quantity of sugar shipped in
the sloop Russell. | p.
Pass granted by Governor Codrington for Barry
Tankard, carrying his flag of truce to Martinique.
6 Nov., 1697. [Board of Trade. Leeward Islands, 5.
Nos. 81, Sli.-xvu.]
May 7. 432. Minutes of Council of Maryland. Information given as
to language used by Lord Baltimore in England, that he expected
to be restored to Maryland shortly. [Board of Trade. Maryland, 13.
pp. 492-494.]
May 8. 433. Minutes of Council of New York. Oath of secrecy
administered to Thomas Weaver and Edward Randolph, they not
being members of Council ; and the former was appointed King's
Counsel and to assist in taking the minutes of Council. The Duke
of Shrewsbury's letter concerning pirates read, also Secretary
Vernon's letter to Lord Bellomont with the memorial of the East
India Company on the same subject ; after which Lord Bellomont
informed the Council that he desired their advice in relation to
certain discoveries that he had made concerning piracy. After
dwelling on the evils of piracy at large, he announced that he had
received information that Colonel Fletcher had admitted notorious
pirates to bring their spoils into New York, receiving considerable
rewards for the same, and that Mr. Nicoll had been the broker in
making the bargain between them, receiving 800 pieces-of-eight
for his services. In confirmation of this the deposition of
Edward Taylor was read. Mr. Nicoll was then called in and
acknowledged that he had received the money aforesaid, but that
he knew no pirates and had not acted as mediator between pirates
and the Governor, but believed he was entitled to the said 800
dollars for his pains. He also justified himself by the New York
Act as to pirates, to which Mr. Weaver answered that the said Act
did not apply to the case. Mr. Weaver then acquainted the
Council with the application of Captain Evans, of H.M.S. Richmond,
for forty sailors, and with his statement to Lord Bellomont that he
would man his ship with pirates. Lord Bellomont was alarmed at
this, but Captain Evans said there was no cause for fear, and a few
days afterwards he asked for ten sailors, only saying that he had
thirty volunteers on board who would pay their passages to England.
204 COLONIAL PAPERS.
1698.
Lord Bellomont being still more alarmed told him to prepare to sail,
and that his packets would be ready for him as soon as the ship was
ready. Some days afterwards Captain Evans reported that he was
ready, and asked leave to drop down to Staten Island and thence to
Sandy Hook, where he expected six or eight men to come on board.
For all these statements Lord Bellomont offered his oath. He then
proceeded to relate that he had ordered Captain Culliford with an
armed force on board the Eichmond, and had secured Captain Evans
in the fort. Captain Evans was then called in, but absolutely denied
that he had said that he would man his ship with pirates, and all
other speeches attributed to him by Lord Bellomont, saying that he
had only said that he could get so many privateers just come in
with Captain Alleson from Madagascar. He protested that he knew
of no pirates or volunteers (to pay their passage) on board his ship
and would not suffer them. He and Mr. Nicoll then withdrew.
The Governor then proposed a proclamation against piracy, to
which the Council unanimously assented. He then asked the
Council's advice as to the measures to be taken respecting Colonel
Fletcher, Mr. Nicoll and Captain Evans ; whereupon Mr. Chidley
Brooke observed that the giving protection to pirates had not
formerly been looked upon as so great a matter, and that all the
neighbouring Governments had done it commonly. The Governor
answered that Mr. Brooke might think it a peccadillo, but that the
King and his ministers regarded it as a high offence ; to which
Mr. Brooke replied that he did not excuse it, but only stated what
had been done. On considering the depositions against Colonel
Fletcher the Council agreed unanimously that they should be sealed
and sent to the King together with Colonel Fletcher, a prisoner, but
that Mr. Nicoll should be tried in the province. The Governor
observed that there was such corruption in the Government and
such uproar if the law were enforced, that he was for sending both
gentlemen home for trial. Mr. Nicoll was then admitted to give
security in ,5,000 to appear when called upon, and Captain Evans
to give his recognizances in 1,000; after which they were released
from custody. The Governor then suspended Mr. Nicoll from the
Council. [Board of Trade. New York, 72. pp. 85-91.]
May 8. 434. Governor Cranston to Council of Trade and Plantations.
, Newport, We have received yours of 9 February, 1696-7, respecting the King's
an orders concerning the quota. This Colony being a frontier and
lying very open to the sea was three times attacked by the French
in the late war, so that we could never spare men without
endangering the King's interest. Nevertheless, in obedience to the
Queen's command, we made to Governor Fletcher a tender of com-
pensation which he positively refused, as we can prove under his
hand. Several informations have been forwarded to you that Rhode
Island is a place where pirates are entertained. Thus it is said that
William Mayes, a pirate fitted out at Rhode Island, and that Thomas
Jones was concerned in the old bark with Captain Want. These
things have been misrepresented to you. We have never coun-
tenanced such proceedings, and we are sure that William Mayes had
his clearance here for Madagascar and a commission from this
Government to fight the French. By the best information that we
AMERICA AND WEST INDIES. 205
1698.
have Captain Every plundered him, and we very much suspect has
destroyed him and his company, for none of them are returned and
there is no news of any one of them. As to Captain Want we do
not know the man and have never seen his ship. William Mayes
is the only man commissioned by this Government who has been
to the south of the Cape of Good Hope. On the receipt of your
letter requiring strict suppression of pirates we at once issued a
proclamation for the apprehension of all persons suspected of
piracy ; see copy thereof and of an Act of Assembly enclosed. We
have also seized two men, Robert Munday and George Cutler, and
their moneys, and though they assert that they have never gone
beyond Madagascar we hope to find out the truth and bring them
to trial. Signed, Sam. Cranston. 1 pp. Endorsed, Reed. Read
12 Sept., 1698. Enclosed,
434. i. Act of the General Assembly of Rhode Island for
apprehension of all suspected pirates. 4 May, 1698.
Copy. 1 p.
434. ii. A proclamation for the suppression of piracy and
apprehension of pirates. Copy. 1 p. [Board of Trade.
Proprieties, 2. Nos. 17, 17i.-n. ; and (without enclosures)
25. pp. 224-227.]
May 9. 435. Minutes of Council of Maryland. Order for Slye to
be bound over to take his trial at next Provincial Court. Lord
Baltimore's Agent and Sir Thomas Lawrence reported their agree-
ment as to fees in the Land Office. The Governor ordered Colonel
Darnall, the said Agent, not to spread rumours of Lord Baltimore's
restoration. Order for disposition of arms and ammunition, and
for the militia-officers not to take too frequent musters in view of
the prevalent sickness. Edward Lloyd appointed Colonel of the
militia of Talbot County. The Governor gave orders for the parish
authorities to visit sick persons in remote districts and to bury the
dead, offering to pay the expense of burial himself if they thought
the burden too great for them. Order for the proceedings against
Philip Clarke in the Provincial Court to be publicly read at the
various County Courts. Sir Thomas Laurence approved as the
Colony's Agent in England. Order for the state of the Colony to
be represented to the King, and that the Sheriffs take charge of
several birds and wild creatures, intended for the King, till they
can be shipped to London. The Assembly to be prorogued to the
20th July. Order for a proclamation concerning the alleged restora-
tion of Lord Baltimore, to quiet the minds of the people. [Board
of Trade. Maryland, 13. pp. 487-492.]
May 9. 436. William Popple to Sir Henry Ashurst. The Solicitor-
General's clerk came to me the other day and told me that the Acts
of Massachusetts, sent to him in September, 1696, were not to be
found, bui that he believed that they might have been mixed up with
those of the Leeward Islands and given to Mr. Richard Cary. Mr.
Gary, however, tells me that he certainly received none such, and I
have been obliged to report the matter to the Council of Trade, who
have ordered me to acquaint you with it to take what measures you
think best for searching for the Acts. [Board of Trade. New
England, 36. p. 375.]
206 COLONIAL PAPERS.
1698.
May 9. 437. Mr. Secretary Vernon to Council of Trade and
Plantations. The King has instructed the Admiralty to order the
Commander of the Newfoundland squadron to agree with the
masters of the ships going under his convoy at the best rates he
can for the passage of the soldiers and officers of the train from
thence.
Memorandum of the above letter. Reed. Read 10 May, 1698.
| p. [Board of Trade. Newfoundland, 25. p. 217 ; and 3.
No. 109.]
May 9. 438. The Victualling Board to William Popple. Pursuant
Victualling to orders we have laden the provisions for Newfoundland in the
Office. B jj-p jojjQ O f London. We enclose a copy of the account, in which
you will see that the bare provisions, considering what is saved by
sending malt instead of beer, amounts to only 2 11s. 6d. above
sixpence per man per diem. The whole charge, including cask and
other expenses, amounts to 727 17s. 9d., and we shall apply for
that sum to the Treasury. Though as yet we have received
nothing towards it, we thought it our duty to despatch the
provisions. Signed, Tho. Papillon, Hum. Ayles, John Burrington.
p. Endorsed, Reed. Read 10 May, 1698. Enclosed,
438. i. Account of provisions for 61 men for 364 days on short
allowance. Victualling Office, 7 May, 1698. 1 p.
[Board of Trade. Newfoundland, 3. Nos. 110, 110 1. ;
and 3. pp. 218-220.]
May 9. 439. Journal of Council of Trade and Plantations. Draft
letter to Mr. Crips approved and sent.
The Secretary reported that .he had heard from the Solicitor-
General that some of the Acts of Massachusetts, sent to him, could
not be found. Order for Sir Henry Ashurat to be informed.
Draft Act for trial of pirates, as amended, read ; and a represen-
tation thereupon ordered.
Letter from the Board of Ordnance of 3 May as to Newfoundland
read (No. 418), and orders given for the Secretary to reply to
Mr. Pulteney thereupon.
Mr. Edward Walrond's papers relating to Governor Codrington
read.
May 10. Mr. Berry presented a bill for 13 4s. Qd. for maps supplied to
the Board. Order for the Secretary to give him a malt-ticket for
ten pounds and the rest in money. The Secretary acquainting the
Board that he was already out of purse for its service, he was
directed to try to sell some more of the malt-tickets, and acquaint
the Board at what price it may be done.
Mr. Secretary Vernon's letter of yesterday as to Newfoundland
read (No. 437).
Order for the Secretary to write again to the Hudson's Bay
Company for the information required of them.
Mr. Crips attending said that he had never had any of the papers
for which he had been asked, but had some belonging to the royal
fishery of 1662-3 and would bring them.
Letter from the Victualling Office of yesterday read (No. 438),
and orders given to the Secretary to reply thereto this day
(No. 441).
AMERICA AND WEST INDIES.
207
1698.
May 11.
May 12.
May 13.
May 10.
Cockpit.
May 10.
Cockpit.
May 10.
May 11.
Victualling
Office.
Memorial of the Hudson's Bay Company received (No. 449), and
order given for a representation to be drawn thereupon.
Representations as to Hudson's Bay and as to the draft Act for
trial of pirates signed (Nos. 447, 450).
Letter from the Victualling Board of llth inst. read (No. 443),
and an answer written to Mr. Secretary Vernon thereupon
(No. 456).
Order in Council of 12th inst. on Mr. Grey's petition read
(No. 452) ; and a representation ordered to be drawn thereupon.
Letter from the President and Council of Barbados of 2 March
received. [Board of Trade. Journal, 11. pp. 53-62.]
440. William Popple to John Pulteney. I am to thank you
for the report of the Board of Ordnance (see No. 418) as to New-
foundland, and am to acquaint you (for the prevention of mistakes)
that there are no planters nor any manner of Government in that
Island as there are in other Plantations, the trade thither being
only by fishing-ships, and a few poor fishermen on the shore who
cannot contribute anything towards the things HOW proposed for
defence of the place. [Board of Trade. Newfoundland, 25. p. 216.]
441. William Popple to the Victualling Board. I am to
thank you for yours of 9th inst., and to acquaint you that the
Council of Trade would have been glad to have understood that a
store-keeper had gone out in charge of the provisions to Newfound-
land, for the Commander-in-Chief, to whom they are consigned, is
to return home, and none will be left there but inferior officers unfit
for that business. I am also to ask what is the proportion per diem
of each several sort of provisions mentioned in your foresaid
account for one man at short allowance. [Board of Trade. New-
foundland, 25. pp. 220-221.]
442. Minutes of Council of Barbados. Mr. Edwards
appeared and spoke on the subject of the fortifications. Order for
the commissioners of fortifications to survey the defences in company
with Mr. Edwards, and report what shall be done. [Board of
Trade. Barbados, 65. p. 348.]
443. The Victualling Board to William Popple. With
reference to yours of yesterday we received no orders to send a
store-keeper, but we suppose that the officers and soldiers, whose
concern it is, may choose one whom they will trust. We enclose an
account how the provisions are allotted on whole and on short
allowance. Signed, Tho. Papillon, Simon Mayne, Hum. Ayles, J.
Burrington. J p. Endorsed, Reed. 11, Read 13 May, 1698.
Enclosed,
443. i. Account of the manner of allotting provisions.
Whole allowance for one man for seven days is lib. of
biscuit, 7 gallons of beer, 4/6. of beef, 2M. of pork, 1
quart of pease, 8 pints of oatmeal, $lb. of butter, l$ib.
of cheese. Messes for whole allowance are counted
to be four men, messes on short allowance six men.
Short allowance given to each man on Mondays and
Thursdays, 1Mb. of bread, 1 gallons of beer, 5i/6*. of
208 COLONIAL PAPERS.
1698.
beef for the two days ; Sundays and Tuesdays, l^lb. of
bread, 1^ gallons of beer, l^lb. of beef, li pint of pease
for the two days ; Wednesdays, Fridays and Saturdays,
2/6. of bread, 2 gallons of beer, 2 pints of oatmeal, 4oz.
of butter, 802. of cheese for the three days. 1 p.
[Board of Trade. Newfoundland, 3. Nos. Ill, 111 i. ;
and (without enclosure), 25. p. 221.]
May 11. 444. John Graves to Council of Trade and Plantations. I
New enclose a list of all that came in here in the ship Fancy. On our
arrival on 19 July, 1697, there were not above seven in the Island
and mostly married. They had scattered themselves to several
parts. Some had a trial, some none. The late Governor Trott got
considerable out of them (sic) ; particulars I cannot certify, but it
is reported at least 7,000. This Governor has fleeced those he
found here and gives them another instrument of writing for a
pardon. This is the substance of what I can learn as to Avery [Every];
if I learn more I will inform you. Signed, John Graves. \ p.
Endorsed, Reed. Read 18 July, 1698.
444. i. List of the people who gave security in the Secretary's
Office after their arrival at New Providence in the ship
Fancy, Captain Bridgeman alias Avery. 93 names, the
vast majority English. 1 p. [Board of Trade.
Proprieties, 2. Nos. 18, 18 i.]
May 11. 445. Unsigned letter to the Council of Trade and Plan-
tations. I have arrived here [place not stated] safely. This poor
Government, whose whole dependence lies in salt and braziletta
wood, is much prejudiced by the peace, and the people are very
miserable, for in time of war fifty or sixty vessels used to load with
salt at 2s. 9d. per bushel. Now here our salt lies raked, and we
should be glad to sell it for 4r?. to all ships sailing for it to Salt
Tortudas. Braziletta, which was Q a ton, is now fifty shillings.
Since my arrival some persons, finding that I would not coun-
tenance illegal trade, have insinuated to the people that my seizures
of ships guilty of these practices is oppressive. The first ship that
I seized was the Supply, one James Berry, a Scotchman, master.
He was, however, advised to abscond and to give out that his mate
was master (as was proved in Court). She was bound to New
England but driven in here by stress of weather. I did my best to
enforce the law, but the jury after long delay and much brawling
found against the King, chiefly owing to the insinuations already
mentioned and to one Thomas Walker, a pretender to the law here.
Under motion for arrest of judgment she was brought to a second
trial, at which I was present for a time and informed them that
Scotchmen were debarred from trading as English subjects. Yet
in spite of this and of the Attorney-General's explanation of the
law, the same persons prevailed with the jury to acquit the ship.
The enclosed will shew what their tricks and artifices were. The
next ship came from Curacoa, and, though we proved that she took
in her loading there, yet Walker would fain have persuaded the jury
that she came from Jamaica and that the French (who had captured,
but released her) had kept the master's pass. In this case I stayed
in the Court throughout and the ship was condemned. After these
AMERICA AND WEST INDIES. 209
1608.
seizures Walker and others made much noise and have procured
several hands to an address setting forth their grievances. Two-
thirds of the subscribers are illiterate, and the Chief Judge refused
to sign it and rated the people for their folly and falsehood.
I have sent it and my answer to the Lords Proprietors. Un-
xiiliH'd, but endorsed, Supposed from Captain Webb, Governor of
the Bahama Islands. 1 pp. Enclosed,
445. i. Article in an address directed against the Governor,
upon the seizure of two vessels. This sets forth that
vessels driven in by stress of weather have been
arbitrarily maltreated, and prays, among other things,
that the. trials of such ships may be in a Court of Record
and not of Admiralty.
Answer of the Governor, that he was bound by law and
his instructions to act as he did. 1 pp. [Board oj
Trade. Proprieties, 2. Nog. 19, 19 1.]
[May 12.] 446. Draft of a bill for the more easy and speedy trial of
pirates. This contains some slight alterations from the previous
bill (No. 358) in that it requires a certain proportion instead
a bare majority of the Court to find a prisoner guilty before he can
be executed. Aiders and abettors of pirates are liable to trial and
execution under the Act of 28 Henry VIII. 6 pp. Endorsed,
Read 12 May, 1698. [Board of Trade. Plantations General, 4.
No. 113 ; and 34. pp. 285-293.]
May 12. 447. Council of 'Trade and Plantations to the King. We
tehall. gen( j t jj e annexec ] draft O f a bin f or trial of pirates (see preceding
abstract) which we think will meet the requirements stated in Mr.
Vernon's letter of 28 March (No. 327). We must add that though
the last paragraph seems very effectual towards the discovery of
piracies, yet being doubtful whether it may not be thought too
severe and liable to objections which might endanger the passing
of the whole, we submit whether it might not be advisable to
reserve that paragraph for another opportunity. Signed, J. Bridge-
water, Ph. Meadows, Will. Blathwayt, Abr. Hill. [Board of
, Trade. Plantations General, 34. pp. 284-285.]
May 12.] 448. Memorandum of the receipt of a memorial from the
Hudson's Bay Company in answer to that of the French (see Xo. 398)
respecting the capitulation of Fort Bourbon. See next abstract.
[Board of Trade. Hudson's Bay, 2. No. 18.]
May 12.] 449. Memorial of the Hudson's Bay Company. It seems
very strange that a memorial of such a nature as that submitted to
us (see No. 398) should be delivered at this time, for by the 8th
Article of the Peace of Ryswick it was stipulated that within three
months of the date of ratification, Commissioners from both sides
should meet in London to adjust this and other questions ; but the
French Commissioners have never made their appearance. It is
not agreeable to the Treaty to proceed upon any particular branch
of the 8th Article, nor, we conceive, can there be any regular
proceedings therein until the Commissioners meet. Nevertheless
we offer the following observations on the memorial. We admit
4226
210 COLONIAL PAPEKS.
1698.
that Fort Bourbon (formerley York Fort) was surrendered
for capitulation by M. de la Forest to Captain Allen, but we
say that this capitulation was made by Captain Allen contrary
to his instructions, and of this M. de la Forest was aware.
As to ill-treatment of the prisoners, M. de la Forest's own state-
ment disproves any such thing. It is true that M. de la Forest
was afterwards brought from Plymouth to London, but under only
nominal restraint and for accomplishment of his own designs, as is
seen by the actions of one Nelson who at first joined zealously with
him, but afterwards pressed for his continuance in England under
his seeming confinement. So slight was that confinement that
M. de la Forest and one of his companions frequently appeared at
the Exchange and came before the Council, with a freedom never
allowed to English prisoners in France. They made use of this
to ascertain the preparations "of the Hudson's Bay Company, and on
their information the French sent a greater force to Hudson's Bay
last year than ever before, took several ships and also York Fort.
This same fort was surrendered to M. d'Iberville in 1694 on a
capitulation which (as has been proved) was violated, and on this
account the King granted to us the goods (only a small part of those
taken from us) which were in the fort when recaptured by the
English in 1696. When the fort was again captured by the French
in 1697, many of these goods passed again into their hands. The
value of those recovered by the Company may be ascertained from
the Custom-house books, and will be seen to be much less' than is
alleged in the memorial. It is impossible for us to restore these
goods in kind, for they are already disposed of, the Company* owing
to its losses through the French, being obliged to dispose of them
as speedily as possible. All this we are prepared to prove before
the Commissioners who shall be appointed in pursuance of the
Treaty, and until they are appointed we submit that nothing further
can be done. [Board of Trade. Hudson's Bay, 3. pp. 50-54.]
May 12. 450. Council of Trade and Plantations to the King. We en-
close the answer (see preceding abstract) which we have received
from the Hudson's Bay Company to the memorial sent by Secretary
Vernon (No. 398). The 8th Article of the Pjace of Eyswick stipu-
lates that Commissioners shall define the rights of each Crown in
Hudson's Bay, that the places taken by the French in the peace
preceding the war and retaken by the English during the war shall
be left to the French, that the capitulation of Fort Bourbon shall
be observed and the goods in question therein restored, and that any
differences as to the execution of the capitulation and as to the
value of the goods shall be settled by the Commissioners aforesaid.
No such exchange of forts as that indicated in the article has taken
place, and no Commissioners have been appointed by the French.
It cannot in equity be expected that the Company shall restore the
value of the goods in question until the Commissioners meet, and
we think that for a due compliance with the Treaty the appoint-
ment and meeting of the Commissioners is before all things
necessary. Signed, 3. Bridgewater, E. Tankerville, Ph. Meadows,
Wm. Blathwayt, Abr. Hill. [Board of Trade. Hudson's Bay, 3.
pp. 47-49.]
AMERICA AND WEST INDIES. 211
451. Edward Randolph to William Popple. Though far
distant I have not forgotten my promise made at Parton's,
St. Paul's Churchyard, to give an account of the success of the
proclamation for the arrest of Every's men, but first I must remind
you that I gave in a memorial (of which others have copies) to the
Committee of the House of Lords, saying that so long as the
Bahamas, Carolina, Pennsylvania, the two Jerseys, Connecticut
and Rhode Island, remained separate governments and independent
of the Crown, it was impossible to suppress piracy. The owners
of these tracts of land, expecting great advantages, do not allow
their Governors enough to support them honourably in their
stations, which puts them upon indirect means to get a better main-
tenance. Besides, they generally appoint persons of slender
fortunes with an indifferent stock of honesty. Mr. Trott at
Providence stopped a Dutch vessel and got a deal of money
by her before he would let her go, besides what he made by
Every and his company. Colonel Ludwell and Seth Sothell,
one of the Proprietors of Carolina, about 1692, enriched them-
selves by James Miller, a Scotchman, and some of his company,
who shared 1,000 a man at Charleston and soon after went to
Pennsylvania, where they paid Mr. Markham for his favour and
protection. They are settled inhabitants there to this day : see
the paper enclosed. I am heartily disposed to Governor Nicholson.
He is really zealous to suppress piracy and illegal trade and was
formerly very severe to those who were even suspected of coun-
tenancing pirates, so that not one of Every's men came to Maryland.
I had not heard of any in Virginia, but at Philadelphia I saw Stephen
[? Peter] Claus, one of them, living within twenty rods of the
Governor's house, and another of them married to his daughter. I
enclose a paper containing the narrative of Captain Snead, with whom
Sir John Houblon corresponds, also an information of Mr. Henry
Robinson, Lord Romney's agent to receive the King's share of prizes
brought into the Colonies, also copy of the examination of two of
Every's men, who were living in Philadelphia, though the Governor
had received the King's Circular ordering them to be arrested. I saw
them walking about the streets of Philadelphia for three weeks
after my stay. But Lord Bellomont kept all close until he heard
that a vessel from the Red Sea had landed her goods in Connecticut,
when he ordered Captain Culliford to seize both her and a Dutch
ship from Madagascar. In a little time about forty pirates had
stolen into New York. I saw Edward Taylor walking about the
town, but he was soon afterwards arrested and imprisoned with
two or three more of the gang, upon which the rest fled to
Connecticut and East Jersey, where Lord Bellomont cannot seize
them. The Governors of those places live sixty or seventy
miles up in the country. Not only are they annually elected by
the people, but they are afraid to meddle with anyone lest the
people that live by the seaside and get money for concealing
prohibited goods should choose another Governor for the next
year. Lord Bellomont has highly displeased the trading men
in New York, who have all along encouraged privateers.
But this will only make them move their trade to Amboy,
which is nearer to Sandy Hook than New York, so that it
212 COLONIAL PAPERS.
1698.
is absolutely necessary for the Jerseys and all the other Proprieties
to be just under the King's immediate authority. I am going
to Providence and Carolina, where several of Every's men anu
other pirates are said to be settled. The first frigate appointed
to transport me is driven ashore, otherwise I should be able under
my commission to manage them wherever I met them. It will be
a reproach to the Government if, after all that the King has gained by
his victories, Mr. Penn should so far prevail with persons of honour
as to set up little commonwealths in the King's dominions abroad
which are of different principles from him. Signed, W. Randolph.
2 pp. Inscribed with a short abstract. Enclosed,
451. i. Narrative of Captain Robert Snead. At the latter end
of April, 1697, copy of a Proclamation of the Lords
Justices for the apprehension of Henry Every alias
Bridgeman and his crew came to my hand. Knowing
that several of these pirates were in Philadelphia,
I went to the Governor, told him that I had seen
the proclamation (of which I had heard that he also
had seen a copy) and informed him that Robert Clinton
and Edmond Lassells of Every's crew were then in
Philadelphia. He said that he had not seen it (which I
can prove to be false), whereupon I offered to shew it to
him. He said that it was not directed to him so that
he was not bound to take notice of it, nor to examine
from' whence men came so long as they brought money
with them. I answered that I thought it was directed
to him, and that it would be for Mr. Penn's service and
his own to put it in execution, for it would soon become
known that the pirates were here. He said that the
Houblons ought to have written to him. 1 said that no
doubt they would have, had they known that the pirates
were here. Being very intimate with him I told him
that I saw plainly that there was an understanding
between him and the pirates, and that none were so
blind as those that would not sec. He admitted that
the pirates had been civil to him, but that
they brought in money, which was an advantage
to the country. I asked him how I could be discharged
from my oath as a magistrate if I took no notice of the
proclamation. He was very angry, and upon that I left
him. His wife and daughter (as I was afterwards told)
heard what passed between us, and warned Robert
Clinton of it, who immediately told the rest of the
pirates. They were so impudent as to call me informer
as I passed in the streets. I went again to the Governor,
acquainted him of their insolence, and told him of my
suspicion that some of his family had warned them.
His wife and daughter, who were in the room, then said
that they did hear our discourse, and that I deserved to
be called informer. I then told him that private dis-
courses held in his house ought not to be divulged in
public. His answer was that he gave me no thanks for
it. I then told him that I was resolved to apprehend the
AMERICA AND WEST INDIES. 213
1698
pirates, and that I would not be forsworn to oblige him.
I went at once to two of my fellow-justices, Edward
Shippen and Anthony Maurice, who seemed well pleased
to assist me, but while I discoursed with Shippen,
Maurice (whose kinswoman was married to Glaus) went
to the Governor, and when he returned refused to
act, but upon my threatening to complain of him at
Whitehall consented to join us. I then caused Lassells,
Clinton and Glaus to be seized and brought before us,
when, upon examination, it was evident that they had
all belonged to Every's ship. I was for committing them
to close prison, but Maurice and Shippen were for bail-
ing them. I then sent for the Attorney-General, who
told them that pirates were not bailable, but neverthe-
less they took bail, one pirate being bound for another,
in spite of my protests. On the 15th of May, having
evidence that the pirates had a design to be gone, I again
arrested them. One James Brown (who married the
Governor's daughter), confessed that Clinton, Lassells
and Glaus were of Every's ship and shared in the
plunder, wherefore we ordered the Attorney-General to
write the mittimus to commit them to close imprison-
ment. But soon after they were at liberty and went to
their own houses. Hearing that there were other pirates
in the town I issued my warrant for their apprehension, but
the Governor, hearing of it, sent for me and told me
that I had no business to send my warrants against one
without first acquainting him, adding that the men
whom I had committed would be brought to speedy
trial, but asking to know what I had against the men,
as they should not be kept in prison for my pleasure.
I replied that the King's evidence was ready as soon as
a legal court should be appointed, but refused to say
what I had to prove against them. He called me rascal
and dared me to issue my warrants against these men,
saying that he had a good mind to commit me. I told
him that were he not Governor I would not endure
such language, and that it was hard to be so treated
for doing my duty. He then ordered the constables
not to serve any more of my warrants ; moreover being
greatly incensed he wrote a warrant with his own hand
to the Sheriff to disarm me. I lived five miles
out of town, and being often threatened by the
pirates, was armed for my own defence. The
under-sheriff accordingly took my sword and pistols
from me in Philadelphia, leaving me to ride home
unarmed, and kept them till the pirates were gone.
The Governor then called the Council and asked them
to consider of a Court for trial of these men, to which
they answered that they knew of no means to try them
and would not be concerned in it, but would be at the
charge of sending them home in one of the King's
frigates. He said that he did not want their advice for
214 COLONIAL PAPEES.
1698.
that, and dismissed them, seemingly displeased. At
length the Proclamation was delivered to Governor
Markham by Governor Nicholson's order. Immediately
after it arrived the under-sherifi' was seen to go from
the Governor's house to the prison and walk with the
pirates for a considerable time. Hearing that the
Governor had received the Proclamation I went to
the Sheriff and told him that if his prison was not
strong enough to hold the pirates I would order a watch
to guard them. He said that he could do well without
it, but Clinton and Lassells escaped that night, though
the others continued in gaol. Next day the proclama-
tion was published, but a little time afterwards the
remaining pirates were released without bail, and
Clinton and Lassells were afterwards seen about the
town. I desired the Governor to issue a warrant for
their apprehension, but nothing was done. 3 pp.
451. ii. Information of Thomas Robinson. On 16 June I
came to Philadelphia, and shewed Governor Markham
my patent from Lord Rdmney in relation to prizes, told
him that I had heard that Eobert Clinton and Edmund
Lassells were of Every's crew, that the gaol was
insufficient to keep them and that I wished them to be
better secured. He said that they should be so that
night. Next morning my landlord told me that these
two men had escaped. I waited on the Governor and
complained of this, but was answered that he was not
sheriff nor gaoler and that the county ought to be fined
for letting the gaol be insufficient. On that same day or
next I went down to the gaol and saw where a board of
about fourteen inches by ten had been ripped off, but
could not believe that men of their bulk could have
crept through such a place, especially Clinton, who was
a very fat gross man. On the morning after
their escape the Governor raised the hue and cry and
offered 5 reward for their apprehension. In the
afternoon, one Hannah Witt came to me and Mr.
Francis Jones, before whom she had made oath that she
had seen both Clinton and Lassells in some bushes
near the centre of the town, Clinton being armed with
musket, pistols and sword. The Sheriff told the woman
he was sure she must have been mistaken, but I went
to the Governor and asked for his special warrant to
apprehend them. He answered that he knew not what
business I had with a warrant and that I need not
trouble myself, but presently consented to sign a
a warrant if I would write it, which I did, addressing it
to the Sheriff and leaving blanks for him to fill up with
names. The Sheriff, however, absolutely refused to fill
up the warrant and refused to go with it unless I went
with him, so the warrant was unexecuted and the
prisoners made further escape. There were warrants
for the arrest of other pirates, but they were seen in
AMERICA AND WEST INDIES. 215
1698.
the streets of Philadelphia without any notice being
taken, and one of the Justices, Edward Shippen, con-
fessed to me that he was in the company of one of
them.
On the 19th of June, one John Mathias surrendered
to me as one of Every's crew. On the 21st he was
brought before the Governor and confessed that he was
one of the sixteen men taken by Every from the two
ships captured by him at Isle de Prince, that from thence
they sailed to the Red Sea, where they captured two
ships, that Clinton was Every's Chief Lieutenant and
Lassells some sort of officer. He said that he knew of
no other pirates in Philadelphia, and that he had
received no share of plunder, but only what they gave
him for mending their clothes, etc. He added that
there was a rumour of a Carolina sloop there to carry
off the pirates, that the Governor had made him enter
into 2,000 bond to the contrary, but that it was
suspected that the captain, being an old privateer, had
carried off Clinton and Lassells with him. 2 pp.
451. in. Examination of Peter Glaus and James Brown,
Already abstracted (see No. 404 n.).
451. iv. Proclamation of Governor William Markham, of
Pennsylvania, for the suppression and punishment of
piracy, 12 February, 1697-8. Copy. Endorsed by
Edward Randolph: I was in Philadelphia on 10 March
last, when I saw several pirates walking about the
streets, also Glaus, one of Every's men. The Governor
had received the circular letter and Proclamation for
arrest of Every and his men. Large sheet. [Board oj
Trade. Plantations General, 4. Nos. 114, 114i.-iv.]
May 12. 452. Order of the King in Council. Referring a petition of
Kensington. Governor Ralph Grey to Council of Trade and Plantations. Signed,
Wm. Bridgeman. | p. Endorsed, Reed. Read 13 May, 1698.
Annexed,
452. i. Petition of Governor Ralph Grey to the King. The
ships appointed to transport me to Barbados have not
been paid off till very lately, and have been a long while
detained, to my great charge and expense. I beg your
permission to accept the first present that shall be made
to me on my arrival in Barbados, without sending to
England for leave, as was granted to Governor Russell
in the like case. 1 p. [Board of Trade. Barbados, 7.
Nos. 65, 65 1. ; and 44. pp. 194-196.]
May 12. 453. Minutes of Council of Maryland. Order for Colonel
Addison to report as to the positions of the Rangers. On informa-
tion that Edward Dorsey was about to convey away his estate in order
to defeat his bond in contracting to build the church and free
school, order was given to refuse to record such conveyance, and to
ask Mr. Dorsey as to the truth of the information. Order for
arrest of Robert Mason and for seizure of his books and papers.
Contract for completion of the State-house approved. A letter from
216
COLONIAL PAPERS.
1698.
May 13.
May 12.
Boston.
May 12.
Boston.
the Commissioners of Customs respecting the ship Fisher was
referred to the Attorney-General. An answer to the petition of the
Pennsylvania merchants was agreed to, to the effect that the Mary-
land duty of 10 par cent, on the re-export of European commodities
is of less hindrance to such re-export than Mr. Penn's encouragement
of German manufacturers in Pennsylvania. Another letter from
the Commissioners of Customs as to a ship was referred to George
Muschamp. The Justices of the Provincial Court made a report
approving the Governor's proceedings against Gerard Slye. A
letter of denization was referred to the Attorney-General for
examination.
Eobert Smith, Richard Hill and Thomas Tasker called to the
Council. Order for putting several navigation bonds in suit, A
letter of Gerard Slye, making grave reflections on the Governor,
was read. Order for the Naval Officers to give security. An
address to the King and a letter to the Council of Trade were read
and approved, and Richard Hill was ordered to attend the Council
of Trade in case of Sir Thomas Laurence's illness. A letter from
the clergy to the Bishop of London read and approved. Order for
payment of three bills of exchange which were protested at New
York, and for prosecution of the security for the said .bills. Order
for commissions to be prepared for officers of an Admiralty Court
for Talbot County. A day of fasting and humiliation appointed
on account of the prevailing sickness. Address to the King for an
increase of the Council read and approved. A proclamation
concerning pirates read and approved. [Board of Trade. Mary-
land, 13. pp. 495-503.]
454. John Usher to Council of Trade and Plantations.
Pursuant to your orders of 30 November I forwarded the Articles of
Peace to Captain Nathaniel Fryer, President of the Council in New
Hampshire. I should have gone in person but that I judged myself
not safe, Partridge having seized the government vi et armis, until
Lord Bellomont's arrival or your further orders. On the 9th inst.
the Indians to eastward killed three persons and carried off several
more. I am told that no care is taken for the security of the
frontier-places, and fear this summer like the last may be trouble-
some with the Indians. I have accounts that several pirates from
the South Seas have been on the coast of New York and Rhode
Island, bringing in gold and East India goods to the value of
200,000. If the proclamations against them and those that
harbour them be enforced, I judge that the value of the seizures
made would repay the charge that the King has been at in these
parts. Signed, John Usher. I p. Endorsed, Reed. 24, Read 27
June, 1698. [Board oj Trade. New England, 9. No. 20 ; and 37.
pp. 8-9.]
455. John Usher to William Popple. I have sent the Articles
of Peace to Nathaniel Fryer for publication, judging it unsafe for
me to go in person. I hope the Lords Justices will not suffer such
affronts to be put upon their orders without calling the offenders
to account. The Indians are still doing mischief. Signed, John
Usher. p, [Board of Trade. New England, 9. No. 21.]
AMERICA AND WEST INDIES.
217
456. Council of Trade and Plantations to Mr. Secretary
Vernon. We lately represented to the King the necessity for send-
ing a store-keeper to Newfoundland, and the Victualling Board have
already shipped provisions thither without appointing one to take
charge of them. We beg for the King's order to the Admiralty that
a store-keeper be immediately directed to go aboard the ship on
which the provisions are laden, to take care of them, and that the
Ordnance Board and Victualling Board agree upon a fit person as
store-keeper both of provisions and ordnance stores. Signed, Ph.
Meadows, Wm. Blathwayt, Abr. Hill. [Board of Trade. New-
foundland, 25. p. 222.]
457. Council of Trade and Plantations to the King. On
Mr. Grey's petition referred to us in your Order of Council of
12th inst. (No. 452 i.) we think that, in consideration of the reasons
alleged by him and of the probability that the refusal of his request
might disparage his credit and lessen his authority on arriving at
Barbados, you may allow him to receive the first present offered
to him there by the Assembly without waiting to seek further
permission. But, lest this should be drawn into a precedent, we
think that you should declare that you will not for the future grant
any such leave to receive the first or any other present before
application has been made according to the rules already laid down.
Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Abr. Hill.
[Board of Trade. Barbados, 44. pp. 205-207.]
458. The King to Governor Day. Authorising him to use
the new seal provided for Bermuda. Draft. 1 p. Endorsed, Sent
to Mr. Secretary Vernon, 13 May ; Received back, 31 May, 1698.
[Board of Trade. Bermuda, 3. No. 24; and 29. pp. 116-117.]
459. Minutes of Council of Maryland. Mr. Randolph's
letter giving warning of pirates was read ; it was ordered that six
ships outward bound should meet and sail in company for their
better protection. Copy of this order to be sent to the Collectors
and Naval Officers. [Board of Trade. Maryland, 13.
pp. 503-505.]
460. Edward Randolph to Council of Trade and Plantations.
I have been desired by Mr. Frederick Phillips, one of the most
ancient inhabitants of New York and the greatest trader to Albany,
and by other merchants trading with the Five Nations, to represent
to you that the French have for many years encroached upon the
trade and upon the land to southward of their bounds by making
settlements at the heads of all the great rivers in the English
Plantations from Penobscot to South Carolina, so that, upon any
difference between the two Crowns, two or three hundred French-
men may come down in small parties and destroy all the inhabi-
tants, who live ten or fifteen miles distant each from his neighbour,
especially in Virginia and Maryland where there are no towns. I
am well informed that upon a treaty for settlement of the bounds
it was agreed that the French should withdraw these settlements at
the heads of the rivers and retire within their old bounds. The
northward of the Penobscot river has always been considered the
dividing line between the English and the French, running from
218
COLONIAL PAPERS.
1698.
May 16.
May 16.
May 16.
Whitehall.
May 16.
Whitehall.
May 16.
thence N.N.W. into the country, by which the beaver-trade (now
taken from us by the French) will be secured, and the Five Nations
will bring all their peltry to Albany and continue their friendship
to us. All Acadia, to the east of Boston, is a very great fishing
place, having also abundance of copper, masts, etc. It did belong
to the Crown of England, but the French got it from us by a treaty,
to the great disadvantage of the Crown. I venture to suggest that
upon a treaty to adjust all differences between the two Crowns the
articles formerly made between them about the boundaries in these
western parts may be agreed upon and settled. Unsigned. 1 p.
Inscribed with a short abstract. Endorsed, Reed. 6 July, Read 4
Oct., 1698. [Board of Trade. Plantations General, 4. No. 115 ;
and 34. pp. 305-307.]
461. Memorandum of the receipt of the foregoing letter.
| p. [Board of Trade. New York, 7. No. 63.]
462. Extracts of two letters to the Earl of Bellomont.
From Lieutenant-Governor Stoughtoii. Boston, 16 May, 1698.
Since my last two or three persons are reported killed by skulking
Indians in the eastern parts. I have no particular account as yet.
From John Usher. Boston, 11 May, 1698. On the 9th of May a
man riding at York near Scotland Garrison was shot at by Indians
and wounded in the thigh, but escaped. About twenty Indians
were seen, and another party was discovered about a beast that they
had killed. Towards evening they killed two or three persons
planting in the fields at Spruce Creek, about midway between
Piscataqua and York. We remain in a lingering condition, and
unless you hasten to our succour I see nothing but ruin. J p.
Endorsed, Transmitted in Lord Bellomont' s letter to the Secretary
of 25 May. Reed. 6 July, 1698. [Board of Trade. New
England, 9. No. 22.]
463. Mr. Secretary Yernon to Council of Trade and Planta-
tions. Upon your representation of 13th inst. (No. 456) the King
has ordered Lord Romney to consider with the Victualling Board
for some fit person to act as store-keeper both for the provisions and
the ordnance stores that are ordered to Newfoundland. I hope that
this will be done to-morrow. The King consents that there shall
be no alteration in the Admiralty passes according to the Treaty
with Algiers. Signed, Ja. Vernon. ^ p. Endorsed, Reed. Read
17 May, 1698. '[Board of Trade. Newfoundland, 3. No. 112;
and 25. p. 223.]
464. William Popple to the Attorney and Solicitor-General.
Forwarding the Acts passed in Barbados from 18 May to 3
November, 1697, for their opinion. Here follows a list of thirteen
Acts. [Board of Trade. Barbados, 44. pp. 202-205.]
465. Journal and Council of Trade and Plantations. The
Secretary reported that the malt-tickets for 10 would at present
yield about 8 apiece ; he was ordered to sell the four in his hands.
Mr. Walrond's papers perused, and an abstract of them ordered
to be made. Ordered further that the papers be communicated to
Mr. Richard Cary, and that Mr. Walrond be directed to attend on
Wednesday.
AMERICA AND WEST INDIES. 219
Mr. Gary and Mr. Hutchesori having perused Mr. Walrond's
papers, desired copies of them. Resolved to defer decision on the
request until Mr. Walrond have been spoken with to-morrow.
Representation on Mr. Grey's petition signed.
Order for copies of Mr. Walrond's papers to be delivered to
Mr. Gary and Mr. Hutcheson, he having consented thereto.
Alexander Hardine presented a petition (No. 47Y), but was
answered that the business had been despatched.
The Acts of Massachusetts of 1696 and 1697 with the Solicitor-
General's report of 17th inst. (No. 466) were brought in. Order
for notice to be given to Sir Henry Ashurst as to the missing Acts
of 1695.
Letters to Jamaica and Mr. Grey signed, and draft letters to the
Secretary and Naval Officer of Barbados approved.
Mr. Ashurst reported that the Massachusetts Acts of 1695 had
been found, and that his father, Sir Henry, would solicit the
despatch of them.
Mr. Secretary Vernon's letter of 19th inst. read (No. 478).
Order for the Hudson's Bay Company to attend to-morrow.
Governor Goddard's letter of 14 April last, with several enclosures,
received.
Mr. Clark and several gentlemen of the Hudson's Bay Company
attended, the Lord Privy Seal and Mr. Secretary Vernon being
present. The gentlemen gave an account of the state of Hudson's
Bay as at present known to them, and a letter to Mr. Secretary
Vernon was written thereupon (No. 488).
Order for the Secretary to write to the Secretaries of the
Admiralty asking that the Commanders of the men-of-war designed
for Newfoundland may report on the state of the country. [Board
of Trade. Journal, 11. pp. 63-72.]
466. The Solicitor-General to Council of Trade and Planta-
tions. I have perused the Acts of Massachusetts passed between
27 May and 16 September, 1696. Three of these Acts are to
continue certain expiring laws which are not before me, so that I
can give no opinion on them. The remainder, including
that for incorporating Harvard College, I see no objection to.
Signed, Jo. Hawles. 2 pp. Endorsed, Reed. Read 19 May, 1698.
[Board of Trade. New England, 9. Nos. 23 ; and 36. pp. 376-
378.]
467. Minutes of Council of Barbados. Letters of 23
February from the Council of Trade and Mr. Popple read. The
Assembly was summoned and requested to make speedy provision
for the reception of the new Governor. The Assembly brought up
bills for ascertaining the rights of the Assembly and for printing
the laws. Petition of Robert Knowles for an appeal to the King in
Council from a judgment of the Court of Admiralty, rejected.
Letter of the Board of Ordnance recalling Mr. Edwards and Mr.
Heberlands read. Orders for sundry payments, including JE229
for the embarkation of the late Governor Russell's corpse. \Board
of Trade. Barbados, 65. pp. 349-351.]
220 COLONIAL PAPEES.
1698.
May 17. 468. Journal of Assembly of Barbados. Two bills sent up
to the Council. 300 voted for expenses of the Grand Sessions.
Several papers from Mr, Talbot Edwards and a memorial from
Mr. Heberlands read, and consideration deferred till to-morrow.
Bill concerning Grand Sessions passed, also two bills empower-
ing two parishes to choose a vestry. Mr. Edwards's papers referred
to a Committee. Message to the Council, complaining of being so
long kept in ignorance of the preparations for the Governor's
reception, but expressing readiness to make provision for him. A
Committee appointed to choose a house for the Governor, also a
Committee of Correspondence. [Board of Trade. Barbados, 65.
pp. 290-293.]
May 17. 469. Minutes of Council of New York. The Governor
having consulted the Council as to the recommendations to be made
to the Assembly, it was resolved that the following subjects should
be brought before them : (1) The debts of the Government. (2)
Some provision for healing the differences among the people.
(3) A bill to prevent abuses in the election of Representatives.
The Governor also proposed the increase of the Representatives
from nineteen to thirty, in order to put it out of the power of any
future Governor to make a party. Four members appointed to
swear in the Representatives.
May 18. On the petition of Lieutenant Young, which Lieutenant Sydenham
was called in to hear, it was resolved that he is entitled to his full
pay from the date of his commission.
May 19. The Representatives attended, pursuant to summons, when the
Governor made them a speech (see Journal of the House of
Representatives, 19 May). The Council expressed their concurrence
in the same and returned their thanks to the Governor.
May 20. The Speaker and Representatives attended, when the Speaker
read a speech expressing his intention to allay all animosities and
bury all past heats as much as lay in his power, and claimed the
usual privileges of his House, which were granted. [Board of
Trade. New York, 72. pp. 91-98.]
May 18. 470. Minutes of Council of Maryland. Gerard Slye was
bound over to take his trial at next Provincial Court. Henry Lowe
sworn Sheriff of St. Mary's County. Order for arrest of the Under-
Sheriff for his late proceedings as to Robert Mason. The Council
of Trade's letter of 23 Februa/y, 1698, was read, and a proclamation
as to taking service with foreign princes ordered. Order for an
extract from the said letters as to trials in the Admiralty Courts of
Maryland to be communicated to the law-officers. As to the passage
wherein the Council mentions its former references to the state of
the laws, the Governor said that he had received no letters con-
taining such references. Mr. Popple's letter of 23 February read,
and another letter from the Council of Trade, from which it was
inferred that one of their former letters had miscarried. [Board
of Trade. Maryland, 13. pp. 505-508.]
May 18. 471. Minutes of General Council of the Leeward Islands.
Montserrat. Governor Codrington present. The Assembly refusing to elect a
Speaker in the absence of the members from Antigua, the Council
AMERICA AND WEST INDIES. 221
1698.
concurred with the Governor that the members present being a
majority had power to elect a Speaker, and dissolved the Assembly.
Patent for land passed. The Governor suggested to the Council
the expediency of continuing to keep an agent in England, and the
Council unanimously agreed. Patent granted for 4,000 acres of
land to John Perrie in the island of Spanish Town. {Board oj
Trade. Leeward Islands, 64. pp. 533-534.]
[ay 18. 472. Governor the Earl of Bellomont to Council of Trade
ew York. and Plantations. May S. On the 9th of March I left Barbados,
and on the 2nd of April landed at New York and entered upon the
Government. By advice of the Council I issued writs for a New
Assembly which will meet on the 18th, when I hope methods will
be found for quieting and uniting the people, who have been divided
by great heats for several years. The first occasion of them was
the execution of those who had been most forward in the happy
Revolution, and they have since been kept up and aggravated with
such industry, that the presumption that I shall be equitable in my
administration (or else their own guilt) has made the Council
forget their oaths and their duty to the King. None of them have
yet applied to inform me of the state of the province, nor have
offered me any assistance in that Government, though they know
that I am a stranger and am unbiassed by these animosities.
Instead of this, constant clubs and cabals of them are daily held at
Colonel Fletcher's lodgings, from whence, as I have great reason to
believe, false reports are spread about the city and the province,
whereby men's minds are disturbed and an odium cast on the
Government. Thus the Council by drawing back endeavour to
make the Government uneasy to me. I must also with great
concern inform you that by the late administration the King's
affairs have been so put out of frame that it will cost me much
pains to bring them into order, and to support the dignity of the
Government and the observance of the laws. The carelessness and
corruption of the Customs and Revenue Officers have for some years
past been such that though the trade of this place is four times as
great as formerly and the city much enlarged, yet the revenue from
Customs has decreased by one-half from what it was ten years ago ;
and the merchants have been so used to unlawful trade that they
were almost ready to mutiny on some seizures that I caused
to be made (a few days after I landed) on goods imported
in an unfree bottom in the ship Fortune. It was with
the greatest unwillingness and backwardness that the Col-
lector, Mr. Chidley Brooke, made the seizure, who told me
that it was not his business but the man-of-war's, that he had no
boat, and other excuses. When I gave him positive orders which
he could not avoid, yet by delaying four days he gave the ship an
opportunity wholly to unload a rich cargo worth .20,000. I am
told that several other ships have violated the Acts of Trade since
my landing, which I could not prevent. I shall take the speediest
measures for enforcing those Acts by suspending careless or corrupt
officers, but I shall have little assistance from the Council, because
they are most of them merchants and several of them concerned in
breach of these laws ; and I see by their carriage and their
222 COLONIAL PAPERS.
1698.
resentment of the seizure above mentioned that the discharge of
my duty has given them an unaccustomed disturbance. However,
I shall not be discouraged, but shall forthwith suspend several of
them from the Council and try to find persons in their places who
will be readier to assist me in enforcing the law. I send you the
names of six persons of the best note for reputation and estates
from which to fill the vacancies. This city has likewise been a nest
of pirates, and I already find that several of their ships have been
(and now are) out, are owned and were fitted out in this port and
received commissions from the late Governor here. But I have
reported on this more fully elsewhere. Since my arrival I have
received many complaints of the maladministration of the late
Governor, but I had no authority to call him to account. There is
a great cry that Colonel Fletcher has embezzled and converted to
his own use large sums of money, and I found that he intended for
England before the meeting of the Assembly ; wherefore to quiet
the people and give him an opportunity to reply, I commissioned
fit persons to receive, state and audit all the public accounts of this
Government. Since, however, the proofs and vouchers of his
accounts would delay his voyage to England in the Richmond, and
also out of respect to the commission that he lately held, I have
accepted his security to answer for all public moneys which will be
found to have been irregularly disposed of by him, and I hope have
thereby quieted people's minds somewhat. There is a great trade
managed between this place and Madagascar from whence great
quantities of East India goods are brought, which are certainly
purchased from pirates. I do not know what to do herein, and beg
for your directions. This practice is set up in order that the spoils
taken by the pirates (set out from New York) may be brought here
in merchant-ships whose owners are also owners and interested in
the pirates' ships. One in particular, Captain Moston of the
Fortune (now under seizure), although an unfree bottom, had
Colonel Fletcher's commission as a privateer, and, as if protected
thereby, did publicly load here for Madagascar and return with
East India goods, supposed to be partly the produce of the cargo
and partly pirates' goods, which were landed and concealed, all but
the last boats. It was so contrived that the Fortune with Colonel
Fletcher's commission was sent from here to Madagascar at the
same time that the ships of Hore and Glover (two notorious pirates)
were there, both of them also with Colonel Fletcher's commission.
I find too that no Naval Officer was appointed by Colonel Fletcher to
check the Collector, but both offices were discharged by Mr. Chidley
Brooke, how faithfully I shall by next conveyance inform you.
No care was taken for any register of ships in New York, but since
my arrival I have appointed a distinct Naval Officer and a Register
according to the intent of the Act of Parliament. The neglect of
it has been of ill influence to trade, for many merchant-ships will
be seized in other ports for not having certificates from the Register.
Similar neglect in other governments has occasioned the seizing of
several ships here, to remedy which, the Surveyor-General, Mr.
Randolph, and the Collector, Mr. Brooke, have agreed, with consent
of the Council, that security be given to the value of the ships for
the production of certificates within a certain time, and that on this
AMERICA AND WEST INDIES. 223
1698.
condition the ships may proceed on their voyages. I hope that you
will approve this as preventing frauds on the King and yet not
hindering trade.
I have ordered Colonel Romer, the King's engineer, to survey all
the fortifications of this Government, and shall myself visit Albany
within a month and order such new fortifications as are necessary
to secure the province in case of war or invasion. I have given
orders for the numbering of the inhabitants, and of the Five
Nations, who are half destroyed by this war. I have appointed to
meet the latter at Albany to renew their friendship, which was
almost lost, four out of the five nations having agreed on a peace
with the French before our peace was proclaimed. I find the forces
in pay here in a miserable condition, not half the number of the
establishment, almost starved, and full of complaints against the
hardships they suffered before my arrival. I shall examine them
all, remedy them as I can, and report to you. I presume that you
will consider seriously the fact that the Government of the Jerseys
has obtained leave to make two ports for trade in this Government.
This will destroy the trade of New York city and province, which
have established laws for customs whereby a considerable revenue
is raised for support of Government. But if the Jerseys are
allowed to load and unload ships free from such impositions, all
merchants will resort thither, being but twenty miles distant,
which will be the ruin of New York, the bulwark and defence of the
neighbouring provinces. The law that imposes the customs here
expires next year, and I fear that it will be difficult to revive it, as
the people will be unwilling to put a clog on their trade from which
the Jerseys are free. Thus a revenue worth 6,000 or 7,000 will
be lost, and there will be nothing left to support the Government.
I would not permit proclamations to be printed in this city
declaring Perth Amboy and Burlington to be free ports, until I had
reported the matter to you. I am assured that the Assembly at
its meeting will fully represent its fatal inconveniences to the King.
I have sent the proclamation and articles of peace to the Governors
of Canada and Montreal, together with nineteen French prisoners.
This had been neglected until I arrived, and I am informed that
those Governors had received no notice nor orders therein from
France. I enclose a printed collection of the laws and sundry
proclamations, also copies of my letters to the Treasury, Admiralty
and Commissioners of Customs. Signed, Bellomont. Postscript.
18 May. I have just received copy of an address or certificate
which Governor Fletcher has procured, declaring his justice, good
government, the current of the laws and the increase of trade,
which he designs for absolving him from the complaints against
him. I have yet no list of the subscribers, but I hear that many of
the Council and inhabitants of the city have signed it, being the
very persons concerned. They have grown rich together with him
by fitting out pirate-ships and trading with Madagascar, Scotland
and Cura9oa. Being instruments of his maladministration, they now
justify him and thank him for that which will probably be censured
by the King. By next conveyance I shall send you depositions of
the subscribers which will contradict the certificate ; which it is
supposed that their guilt involved with that of Colonel Fletcher
224 COLONIAL PAPEKS.
1698.
induced them to sign. 4J pp. Endorsed, Eecd. Bead 6 July,
1698. Entered in Board of Trade. New York, 52. pp. 312-320.
Enclosed,
472. i. Proclamation of Lord Bellomont on his assumption of
the Government, confirming all officers in their places.
2 April, 1698. Printed. I p. Endorsed, Reed. 6 July,
1698.
472. ii. Proclamation of the same against swearing, Sabbath-
breaking and immorality at large. 2 April, 1698.
Printed. 1 p. Same endorsement.
472. in. Proclamation of the same against illegal practices
in the election of Representatives. 2 April, 1698. 1 p.
Printed. Same endorsement.
472. iv. Speech of Lord Bellomont to the Representatives
of New York on the opening of the Assembly. 19 May,
1698. 3 pp. Printed. Same endorsement.
472. v. Copy of an Address to Colonel Fletcher from certain
inhabitants of New York. Thanking him for the growth
and prosperity of the city and province in spite of
the expenses and hardships of the war. As the Royal
bounty has contributed greatly to the rise and defence
of the Province, so its flourishing state, the free current
of the laws, the regular distribution of justice, the
just and native freedom, must be attributed to Colonel
Fletcher's prudent management and faithful discharge
of duty. They hope that he may enjoy the favour of
King and that God will reward his piety and justice.
1 p. Same endorsement.
472. vi. List of persons qualified to be of the Council.
Colonel Abraham Depeyster, Philip French, Dr. Samuel
Staats, Robert Livingston, William Beeckman, Adolphus
Phillips. Signed, Bellomont. 28 May, 1698. Scrap.
Same endorsement. [Board of Trade. New York, 7.
Nos'. 64, 64i.-vi.]
May ^18. 473. Governor the Earl of Bellomont to Council of Trade
New York. an( j Plantations. May 8. Pursuant to the King's orders I have
made strict enquiry as to pirates and the late Governor's dealings
with them. I find that the pirates who have given the greatest
disturbance in the Red Sea and the East Indies have either been
fitted from New York or from Rhode Island, and manned at New York.
The ships commanded by Mason, Tew, Glover and Hore had their
commissions from the Governor of New York, the last three from
Colonel Fletcher ; and although these commissions (which are on
record here) appear to be given only against the King's enemies,
yet it was known to all the inhabitants of the city that the ships
were bound to the Red Sea and the East Indies, the fact being
openly declared by the commanders so as to enable them to raise
men and proceed on their voyage quickly. So notoriously public
was it that it was generally believed that they had assurance of
protection from Colonel Fletcher if they would bring back their
spoil to New York, and this will appear plainly from the protection
that he did give them and the rewards that he received from them
AMERICA AND WEST INDIES. 225
1698.
at their return. It is also clear that Tew, Glover and Hore received
commissions from him when they had no ship within the Govern-
ment of New York, and that they were permitted to raise men in
New York with the open design of being bound to the Red Sea.
Captain Tew, who had before been a notorious pirate, on his
return from the East Indies with great riches visited New
York, where, although a man of infamous character, he was
received and caressed by Governor Fletcher, dined and supped
often with him, and appeared with him publicly in his coach. They
also exchanged presents, such as gold watches, with each other.
All this is known to most of this city, and on this Colonel Fletcher
gave him his commission. Mason's ship returned under the
command of one Coates about 1693, and the crew having shared the
booty were encouraged in this province and received protection
from Colonel Fletcher. See the deposition of one Burgess enclosed.
The deposition of Edward Taylor, another of the pirates, will shew
you the bargain made by him, on behalf of the ship's crew, with
Colonel Fletcher and Mr. William Nicoll of the Council, as also the
rewards that they were to have and did receive from the said
Taylor and his company. I have promised to intercede for pardons to
these two men, or I should not have obtained their evidence, so I beg
that they may have the benefit of my promise. I believe it to be less
criminal in men of their loose principles to act such things than in a
Government to give them encouragement and impunity. For his
favour to this crew Colonel Fletcher received their ship, which he sold
to Colonel Heathcote for 800, as well as private presents which are
reported to have been made to his wife and daughter and his rewards
for particular protection, which I find were commonly rated at 100
dollars a man. Besides this there were gratifications to his
broker, William Nicoll, and other small rewards to his clerk,
Daniel Honan, as the deposition shews. I have also discovered
that protections were publicly exposed for sale at the above rates
to pirates that were of other companies, and I have already gained
the originals, of which I send copies. Hereby you will see Colonel
Fletcher's art to get money, and how far he was from suspecting or
prosecuting these pirates when their guilt made them buy the
protection which the law gives to honest men, and to which honest
men had a right without purchase. It is indeed suggested that
Colonel Fletcher took bond from the protected pirates not to leave
the province without licence, but I am informed that several of
them had licence, though whether they were only colourable
securities from men of invisible substance or what their nature was
I cannot learn, for the bonds are not deposited in New York, nor
can I find that any of the pirates or their bonds were ever
prosecuted. I find only that the last mentioned protections were
purchased and no bonds given for them. I find also that Colonel
Bayard of the Council was Colonel Fletcher's broker in procuring
them, and you will see by the enclosed depositions what reward
they obtained and what the manner of their bartering was.
I have also the information of one Rayner, said to be one of
Every's crew, who landed at the east end of Nassau Island with a
treasure valued at 1,500. He and his chest of money were seized
by the Sheriff, but on application to Colonel Fletcher and the giving
4226 P
S COLONIAL PAPERS.
1698.
(as is believed) of a considerable reward, both were discharged. Soon
afterwards he purchased land in this province, but fled on the publi-
cation of the proclamation against Every's men. Two men, Emott
and Weekes, were his brokers. I enclose Emott's deposition, also that
of the sheriff, Josiah Hobart, and of Weekes, who was Rayner's
friend. I have heard also of several other protections purchased
from Colonel Fletcher, but I am assured that no pirate was prose-
cuted during his term of office, and although James Graham, the
Attorney-General, is a man of known ability and great integrity to
the King's service, yet Colonel Fletcher has transacted this whole
business of protecting the pirates without consulting him. I find
indeed that to colour his advantages from pirates, Colonel Fletcher
overawed or amused the Council into an order that Coates's ship
and crew should be permitted to come into New York in order to
claim the benefit of a New York Act. I enclose copies of the
Council's order and of the Act, which latter shews that the pirates
were entitled to no benefit under it; yet they were admitted,
protected and never prosecuted. I have further information that
five sail, supposed to be pirates, were seen hovering round the
coast since my arrival, and that one of them landed some men in the
Jerseys to ask who was Governor here. On learning that I was
come they departed, not daring to eome to this Government, so that
my coming is reputed to have caused Colonel Fletcher great loss.
On their proofs I summoned the Council on the 8th of May, com-
municated my instructions as to pirates and the evidence affecting
Colonel Fletcher and Mr. Nicoll, on which the Council expressed
abhorrence of their practices, and agreed with me that the evidence
should be authenticated and Colonel Fletcher sent home a prisoner.
Mr. Nicoll they thought should be made to answer for his offence
here, believing that he had no estate at home and that it would ruin
him to send him away from his affairs here. He is, moreover,
related by marriage to several of them, so I found them somewhat
tender of him. I was myself inclined to think that, being involved
in guilt with Colonel Fletcher, he ought to be sent home with him,
but I was prevailed upon to accept 2,000 security for his appear-
ance to answer the charge and meanwhile to suspend him from
the Council. The Council also agreed with me that a procla-
mation should be issued against pirates, so that this Government
should not be blamed for the neglect of the last. I must beg you
to submit to the King's consideration the case of the pirates who
have surrendered themselves and received protections from Colonel
Fletcher. I have not proceeded against them, since I could not
violate the protections, being an act of public faith, without the
King's orders. While reporting the suspension of Mr. Nicoll, I
must add that he is a man of good sense and knowledge in the law,
but that he has been a great contriver and instrument of corrupt
and unjust practices under the late Governor. Further proofs of
this will be sent to you as they come to my hands. Moreover, in
spite of the Council's resolution, I have not presumed to deal
harshly with Colonel Fletcher, who so lately held the King's
commission, but send home only the proofs, so that you may
be apprised of the matter, and satisfied of my zeal for the
King's service. Signed, Bellomont. Postscript. 18 May. Since
AMERICA AND WEST INDIES. 227
1698.
closing the foregoing I had an opportunity to surprise and
take a considerable number of pirates expected on board
H.M.S. Richmond. You will gather my measures from my letter
to the Admiralty and its enclosures, and although they were not
as successful as I had hoped, nothing more could be done. I
have discovered the record of the pirates' commissions and of the
bonds that they gave to Colonel Fletcher when he granted them
commissions ; and they appear to be so fraudulent that it is a proof
that he was apprised of their design of piracy. Thus Thomas Tew's
and John Hore's commissions are signed by Colonel Fletcher and
countersigned by his private secretary, Daniel Honan, but their
bonds to him are signed by Coates, a notorious pirate, and John Feny
(a Popish tailor of this city and a beggar) and by the above-named
Daniel Honan. These bonds were left in Honan's custody, who
about three months before my arrival blotted out his name
and tore off his seal from them. I received them thus de-
faced, but have ascertained from the witnesses that the bonds
were signed and sealed by Honan. I refer it to the King's
consideration how far Colonel Fletcher is answerable for taking such
Knights' of the Posts security for these men, who have since been
the worst of pirates. Without doubt he is answerable for the trust
of his private secretary, who was bound with them and has since
defaced the bonds. I send copies of letters to me from the Duke of
Shrewsbury and Secretary Vernon, ordering me to enquire as to
Colonel Fletcher's relations with pirates, also the memorial of the
East India Company which occasioned them, and a printed copy of
our proceedings in Council, which I was forced to publish in order
to confute several scandalous stories that had been spread about by
ill men. Signed, Bellomont. 4 pp. Endorsed, Reed. Read 6 July,
1698. Entered in Board of Trade. New York, 52. pp. 323-337.
Enclosed,
473. i. Certificate of the authenticity of the documents
enclosed. 25 May, 1698. Seal gone. Parchment.
I p.
473. n. Deposition of Samuel Burgess. 3 May, 1698. I was
one of the crew of the ship Jacob, Captain William
Mason, which was fitted out as a privateer at New York
with a commission from Jacob Leisler, and sailed to
Madagascar. There I left her, but I heard from the
crew that she went on that September to the East
Indies. In April she returned to Madagascar, where
I went on board again, and we sailed to the Red
Sea, where we took three ships and returned to
Madagascar in September. We shared eighteen
hundred dollars a man. About the beginning of next
April we came to the east end of Long Island, Edward
Coates being then captain, when Edmund Taylor was
sent ashore to procure leave from the Governor for the
ship to come in to New York. After five days' absence
he returned, bringing permission ; and we anchored
about five miles from New York City. Here I and the
rest of the company left her, but fifty-five men had
joined her in Long Island and ton where we lay at
228 COLONIAL PAPERS.
1698.
anchor, each of the last having protections from Colonel
Fletcher. The ship was shortly afterwards given to
him. William Nicoll came on board of her while at
anchor. The sailors made a collection which they gave
to the captain to prevent their being put to trouble,
some giving seventy, some a hundred dollars, but I do
not know what was done with it. I gave Mr. Honan
two gold sequins for Governor Fletcher's protection. I
afterwards saw several of the crew in the town of New
York. Copy. 1 pp.
473. m. Deposition of Edward Taylor. 7 May, 1698. Con-
firming the foregoing deposition. On going ashore to
obtain leave for that pirate-ship to come into New York,
he sought out William Nicoll, who went with him to
Governor Fletcher, whom he acquainted with the facts
of the voyage. He promised 700 to Fletcher and
Nicoll if the ships might be brought in and protections
given to the crew, which they engaged to do. Nicoll
returned with the deponent to Long Island. The
promise of 700 could not be fulfilled because the crew
had dispersed, so the owners made the Governor a
present of the ship. The crew also collected 200
afterwards as a present to Nicoll. Copy, 1% pp.
473. iv., v., vi. Copies of protections granted by Governor
Fletcher to two men, one of them of the ship Jacob.
15 April, 1693, 24 May, 1694.
473. vii. Deposition of Leonard Lewis. My brother, who
had sailed with the pirate Tew in the Red Sea. asked
for my advice how he should escape trouble on that
account. I went to Mr. Nicholas Bayard, of the Council,
who advised me to go to Governor Fletcher ; upon
which I asked him to apply to him on my behalf, when
he answered that a protection could not be obtained for
less than 100 dollars. I replied that my brother was
poor, and offered 75 dollars, which Colonel Bayard took,
saying that he would try what he could do. He after-
wards delivered me the protection signed by Colonel
Fletcher, who was then at Philadelphia. I gave Colonel
Bayard twelve pieces of Arabian gold for his trouble.
Samual Staats had a similar transaction with Colonel
Bayard to my knowledge. Copy. 1 p.
473. vin. Deposition of Dr. Samuel Staats. As to paying
75 dollars for a protection for his brother-in-law, who
had gone on a pirates' voyage, through Colonel Bayard,
to whom he paid twelve pieces of Arabian gold for his
good offices. Copy, f p.
473. ix. Deposition of James Emott. One Rayner sent me
one Weekes to ask my advice how to recover a chest
which had been seized by Sheriff Josiah Hobart. I
recommended him to apply to the Governor, when
Weekes insinuated that he would be willing to give 100
dollars for discharge of the chest. We both went to
Governor Fletcher accordingly, who showed seeming
AMERICA AND WEST INDIES. 229
1698.
anger, saying that he would not sell justice, but I under-
stand that order was given for the chest to be discharged
on Rayner's giving security not to leave the province
within twelve months without licence. But I know
nothing of this for certain, nor that any reward was
actually paid to Governor Fletcher. Copy. P*
473. x. Copy of Minutes of Council of New York. 17 April,
1693. On the Governor's motion the Council agreed to
admit a ship to New York to take the benefit of a New
York Act against pirates. p.
473. xi. Memorandum that the copy of the Act referred to in
No. x. was affixed to some other papers, but that it is to
be found on p. 97 of the Printed Laws of New York.
Scrap.
473. xn. Proclamation of the Earl of Bellomont for the
suppression of pirates. 9 May, 1698. Printed. 1 p.
473. xin.-xvi. Depositions of Thomas Wenham and three
others, as to the signing and sealing by Daniel Honan
of the bonds given by the pirates Hore and Tew. Each
%P-
473. xvn. Letters to the East India Company, dated Bom-
bay, 15 January, and Calicut. 30 November, 1696. As
to depredations committed by the pirate Mason on ships
in Calicut Roads and elsewhere in the East Indies, and
the report that these pirates came from New York
and were encouraged by the Governor. The people at
Calicut were so much exasperated that they would have
destroyed the English factory, but for the presence of
some English soldiers, saying that as the pirates were
English they must have to do with the Company. Copy.
473. xvin. Copy of a letter from the Duke of Shrewsbury to
the Earl of Bellomont. 25 Sept., 1697. Ordering him
to convey the King's orders to the Governors in America
for strict repression of pirates. 1 J pp.
473 xix. Copy of a letter from Secretary Vernon to the Earl
of Bellomont. 7 October, 1697. Forwarding copy of the
East India Company's memorial (No. xvii.) and directing
him to enquire into the matter on his arrival at New
York. 1 p.
473. xx. Printed copy of the proceedings of the Council of
New York. 8 May, 1698. As to the evidence against
Colonel Fletcher, William Nicoll and Captain Evans of
H.M.S. Richmond, of conniving with pirates. 4 pp.
[Board of Trade. New York, 7. Nos. 65, 65 i.-xx.]
May 18. 474. Governor the Earl of Bellomont to the Lords of the
New York. Admiralty. On my arrival here I found H.M.S. Richmond, whose
commander had received your orders to sail with an expedition to
England. On the 18th April Captain Evans brought me a
memorial that he wanted forty sailors. I replied that it would be
difficult to get them, as so few were in port, and that it would make
much disturbance among the merchants, to which he answered that
280 COLONIAL PAPERS.
1698.
he believed he could be manned by the pirates. Startled at this
proposal I told him that it would be dangerous to trust a King's
ship to such men, since they might rise and carry her off. He
answered that he had no fear of that and so left me; but I
was still apprehensive that mischief might come of so manning
the Richmond, and was confirmed in my apprehensions by
Captain Evans's waiting on me some days after and asking
for an order for ten sailors. I asked how he had so far filled up
his complement, and he said that he had thirty volunteers who
would pay their passage. I then considered how I might seize the
pirates and defeat any design of theirs in the Richmond, and,
without revealing my design to Captain Evans, of whom I was
jealous, I told him that I would have his sailing orders and my
packets ready for him against he was ready. He then told me that
he intended to sail to the watering-place on Staten Island and in
a day or two to drop down to Sandy Hook, where he expected eight
or ten men to come aboard him, and that when he was ready he
would come up to New York for my packets. He did so, and on
the 8th of May attended me at Fort William Henry. Against his
coming I had prepared everything, and on his attendance I confined
him in a room in my house and gave a commission and instructions
to Captain Culliford to command the Richmond during Captain
Evans's suspension, and full instructions for the seizing of
the pirates, also forty well-armed sailors to attend him in
boats, and four gentlemen, whom I could trust to assist
him. On the same day I summoned the Council and
acquainted them with the whole matter, when it was
resolved that Captain Evans should be confined or give security
to appear when demanded, until I could hear the result of
my preparations from the Richmond ; but not to be too hard on an
officer bearing the King's commission I accepted his own recogni-
sance of 1,000 and discharged him the same evening. On the
10th of May, in the morning, I heard from Captain Culliford that
the lieutenant of the ship was absent in the Jerseys, that he had
searched her and mustered the sailors, but found no pirates nor
any suspected persons. But from the muster-rolls that he sent me
I found that there were still forty men wanting of the full comple-
ment, of whom Evans had assured me that he had listed thirty.
But whether any pirates were to come on board the Richmond on
a given sign, or to come on board at sea, I can make no discovery
further than the jealousy created in me by Captain Evans's speeches,
which were the beginning of all this trouble to him and to me. On
the llth of May, therefore, I restored Captain Evans to his command
on his protestation that he never had any pirates on board the
King's ships nor would take any. On the same day he gave me a
memorial asking for ten sailors, and I gave him a warrant to press
so many. My jealousy in this matter was strengthened by the
great friendship between Captain Evans and Colonel Fletcher, who
has been a great encourager of pirates and has enriched himself by
giving them protection. He sails for England on the Richmond.
The strictness of my orders as to pirates was the reason for my
dealing with Captain Evans as I did. Signed, Bellomont. Postscript.
I am told that Colonel Fletcher during five years very seldom
AMERICA AND WEST INDIES. 231
1698.
ordered the Richmond to cruise, lest she should hinder pirates from
bringing their spoil in to New York and disturb the unlawful traders,
who have every imaginable liberty in this port. Several pirates
have been hovering about the coast, but went away on hearing that
the Governor had been changed. I think it would be much for the
King's service that an extraordinary sailer, sixth rate, full manned
and with an active commander, should be appointed to attend this
Government. She could destroy pirates, who made New York their
nest, and help the other men-of-war. I detained the Richmond a
few days for my packets. Captain Evans pretended to be ready on
the 8th the day I searched his ship but on the 17th he had not
got the men for whom he held my press-warrant ; and since the
17th he has attended my dispatch. 2 pp. Enclosed,
474. i. Memorial of Captain John Evans" to Lord Bellomont,
asking for forty men for H.M.S. Richmond. 18 April,
1698. Copy, i p.
474. n. Commission of Lord Bellomont to Captain Richard
Culliford to command H.M.S. Richmond. 7 May, 1698.
Copy. 1 p.
474. in. Instructions of Lord Bellomont to Captain Culliford.
7 May, 1668. To board H.M.S. Richmond with forty
armed men, detain all strangers, muster the men, seize
all pirates on board, also Daniel Honan, if he be on
board, and board and search all merchant ships for
pirates. Copy. 2J pp.
474. iv. List of the officers, seamen and passengers on board
H.M.S. Richmond, when searched on 8 May, 1698,
73 men in all, of whom 17 absent on leave. Copy. 1 p.
474. v. Memorial of Captain Evans to Lord Bellomont.
Asking for ten men to complete his crew. 11 May,
1698. Scrap. [Board of Trade. New York, 7.
Nos. 66, 66 1.- v. ; and (ivithout enclosures) 52. pp. 345-
352.]
May 18. 475. Journal of the House of Representatives of New York.
Sixteen members met and were sworn. Philip French elected
Speaker.
May 19. The House attended the Governor, who made the following
speech. My voyage was long and tedious, but I have endeavoured
by industry to make up the loss of time. I find that my predecessor
has left me a divided people, an empty treasury, a few miserable,
naked, half-starved soldiers not half the number the King
allowed paid for the fortifications and the Governor's house much
out of repair, and, in a word, the whole Government out of frame.
I recommend to you to consider the remedies for these disorders,
and you may be sure of my hearty concurrence in quenching past
heats and animosities. It has been represented to the Government
in England that this province has been a noted receptacle of pirates
and seat of illegal trade. I hope that you will discountenance to
the utmost piracy, which is the worst form of robbery. The King's
orders to me for repression thereof are very strict. But though I
shall do my utmost against piracy and unlawful trade, I shall
encourage a lawful trade by all means in my power. I find that
232 COLONIAL PAPERS.
1698.
the revenue is about expiring. I hope that you will not increase
my difficulties by leaving the Government destitute. I shall take
care that there is no misapplication of public money. The accounts
shewing the Government's debts will be laid before you. I have
ordered the engineer to inspect the fortifications on the frontier,
and his report shall be laid before you. Pray think of the means of
reconciling your differences, that you may be a united people. I
recommend also a law to put an end to abuses which have flourished
in the election of members to the Assembly ^ I conclude by asking
you to join me in an address of thanks and congratulation to the
King on the peace. Speech ends. Philip French was approved as
Speaker. Petition of Samuel Staats, John Depeyster, Leonard
Lewis and Abraham Gouverneur presented, complaining that
Ebenezer Wilson, sheriff, had refused to poll their voters, excluding
all those of the County of Orange, and by other means cancelling
their votes, whereby petitioners, though they had a majority of
voices, were declared not elected.
May 20. Address of thanks voted to the Governor for his speech. The
Governor granted the usual privileges claimed by the Speaker.
May 21. Carried that an address of congratulation be sent to the King
upon the peace. Adjourned to 23rd. Printed. [Board of Trade.
New York, 72. pp. 935-938 and 949-950.]
May 19. 476. Earl of Bellomont to the Lieutenant-Governor and
New York. Council of Massachusetts. This goes by Mr. Bridger, one of the
Commissioners appointed to inspect and report on the supply of
naval stores by New Hampshire and New England. I hope you
will give him every assistance alike in obedience to the King's
orders and for the profit of England and of the Colonies. Copy.
\ p. Endorsed, Transmitted in Lord Bellomont's letter of 25 May.
Eecd. 6 July, 1698. {Board of Trade. New England, 9. No. 24.]
May 19. 477. Petition of Alexander Hardine, Lieutenant in Colonel
Gibsone's regiment lately disbanded, to Council of Trade and
Plantations. I was willing to have stayed in Newfoundland if the
Colonel had thought fit. Being the eldest lieutenant of the
regiment, I beg for the command of the party that is to be kept
standing as garrison of the fortifications of St. Johns. 1 p.
Endorsed, Reed. Read 19 May, 1698. [Board oj Trade. New-
foundland, 3. No. 113.]
May 19. 478. Mr. Secretary Vernon to William Popple. Pray
Whitehall, inform the Council of Trade that the application of the Hudson's
Bay Company, for a man-of-war to convoy their ships to the
Bay, has been referred by the King to the Cabinet Council and the
Council of Trade, and that they will meet at your office on the 21st
to hear the arguments of the Company. Signed, Ja. Vernon.
p. Endorsed, Reed. Read 20 May, 1698. [Board of Trade.
[udson's Bay, 2. No. 19 ; and 3. pp. 64-65.]
May 19. 479. Council of Trade and Plantations to Governor Sir
Cockpit. William Beeston. Since our last of 21 March, we have received
yours of 9 December and 1 March. Your first letter seems not
now to require an answer, because of the great change in all public
AMERICA AND WEST INDIES.
233
1698.
affairs by the peace. We take note of your thoughts relating to
the Acts of Trade, and desire you to communicate to us whatever
you think will be to the advantage of Jamaica in time of peace. On
your intelligence of Mr. Towse's death we sent for Mr. Baber, who,
on our representation, not only promised that sufficient security
should be given you for the good execution of his office, but would
give such orders about it as would be effectual. If there be any
failure in the performance you will apprise us. We have heard
nothing more of the complaints of the Naval Captains against you, and
if any be made as to your disposal of the stores, we hope that you
will be praised instead of blamed. On our representation a fourth-
rate and a sixth-rate ship have been appointed for the service of
Jamaica in time of peace. You have sent no Naval accounts, as
required by your instructions. You will send them regularly in
future. Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt,
Abr. Hill. [Board of Trade. Jamaica, 56. pp. 195-197.]
May 19. 480. Council of Trade and Plantations to Governor Grey.
Cockpit. Among the Acts of Barbados sent to us was one declaring the
decision of controverted elections to the Assembly to lie in the
representatives of the people. On perusing the journals we find
that Governor Russell refused to pass an Act of like nature, and
that the present Act was passed by the President and Council since
his death. The preamble declares that till of late years all disputes
of that nature have been decided by the Assembly. We desire you
to enquire exactly into, the ancient practice herein and to send us
the proofs of what is alleged by the Assembly in support of their
claim. Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt,
Abr. Hill. [Board oj Trade. Barbados, 44. pp. 208-209.]
May 19. 481. Council of Trade and Plantations to the President and
Cockpit. Council of Barbados. We have received yours of 2 March. We
await the accounts of the Treasury, and also of the Naval Office, of
which we have received none later than Michaelmas, 1696. We
have not been unmindful of representing the necessity of a good
supply of negroes for Barbados, as for other islands. Parliament
is now considering the trade to Africa, and we hope that, if any Act
passes for the establishment of that Company, it will be with such
enlargements and regulations that the Colonies will find benefit by
it. In reply to your request that the 4 \ per cent, duty should be
applied to the purposes for which it was raised, we would point out
that the King applies not only the whole of that revenue but much
greater sums to the support and benefit of the Colonies. This
letter will arrive together with Mr. Grey, who has other instructions
to communicate to you. Signed. J. Bridgewater, Ph. Meadows,
Wm. Blathwayt, Abr. Hill. [Board of Trade. Barbados, 44.
pp. 209-211.]
May 19. 482. William Popple to the Naval Officer of Barbados.
Pointing out the inconvenience of the form in which the Naval
accounts are at present made out in Barbados and suggesting a
better method. [Board of Trade. Barbados, 44. ^>- 211-212.]
May 19. 483. William Popple to the Secretary of Barbados. With
reference to the Acts recently received there from Barbados I am to
234
COLONIAL PAPERS.
1698.
May 20.
Transport
make the following observations. In the Act for the speedy supply
of arms, ammunition and white servants, there appear the.
words "the African Company who are hereafter separately taxed."
Yet the African Company is not again mentioned in the Act, which,
whether it be a defect in the Act or an error in copying, should
have been better taken care of. Again under date 8 May, 1696, is
a memorandum that " the Act of Excise was then passed, which
agrees with that passed on 23 March, 1694," adding only an
exception, the Treasurer's allowance. The whole Act ought to have
been copied at length and not only hinted at by a reference. I am
further to call upon you for an explanation of these matters.
[Board of Trade. Barbados, 44. pp. 213-214.]
484. Commissioners of Transport to Council of Trade and
Plantations. By Mr. Blathwayt's order we sent an account of the
provisions sent in the ship John and William to Newfoundland,
which as the enclosed letter of the owner shows, is detained there
contrary to agreement. We do not know what quantity of the
provisions has been expended, nor do we know why the ship has
been detained. Signed, Sam. Atkinson, John Henley. ^ p.
Endorsed, Reed. 20, Read 23 May, 1698. Enclosed,
484. i. Copy of a letter of John de Grave and William
Holman, London, 19 May, 1698. The fly-boat John
and William which was taken up to carry provisions to
Newfoundland in August last, arrived there about
20 November. The Master applied to the Governor and
others to take out the cargo, but none would meddle
therewith, so he has laid out his lay days according to
charter-party and now lies in demurrage to our great
damage. We beg that orders may be sent to Newfound-
land for her to be cleared and for demurrage to be paid,
or that you will give us some assurance that the ship
will be continued in the above said service until she
comes back to London. \ p.
484. ii. Account of the provisions embarked in the ship John
and William for Newfoundland in August, 1697.
[Board of Trade. Newfoundland, 3. Nos. 114, 114 1., n. ;
and (without enclosures) 25. p. 224.]
May 20. 485. Minutes of General Council of the Leeward Islands.
Montserrat. Patents for lands in Montserrat granted. [Board oj Trade.
Leeward Islands, 64. p. 534.]
[May 21.] 486. Petition of the Governor and Company of Hudson's
Bay to the King. The French are endeavouring to be sole masters
of the fur-trade. No Commissioners have arrived from France
pursuant to the 8th Article of the Peace of Ryswick, though the
time for their coming is long since expired, and the time limited
for the determination of the matters mentioned in the said article
is near expiring. This delay, and intelligence that the French
have ordered a man-of-war and two frigates to Hudson's^ Bay, lead
us to apprehend that the French preparations are intended either
to destroy (as they have frequently done in time of peace) or to
interrupt our trade, which will probably ruin the Company and
AMERICA AND WEST INDIES. 235
1698.
take the fur-trade from England. We have suffered very much
from the French in times of peace, and at this moment we have
but one place in the Bay to repair to, where the English settlers
will starve unless supplied by the present shipping. We beg you
to grant us a convoy for our ships. Signed, Sam. Clark, Dep.-
Governor, and by five others. Copy. 2 pp. Endorsed, Communi-
cated by Secretary Vernon. Eecd. Read 21 May, 1698. [Board
of Trade. Hudson's Bay, 2. No. 20 ; and 3. pp. 65-67.]
[May 21.] 487. Reasons for granting a convoy to the ships going to
Hudson's Bay this year. (1.) The French have not complied with
the eighth article of the Treaty of Peace, though the time for execut-
ing the most material Acts therein has long since elapsed. (2.) The
French have ordered a man-of-war and two frigates to Hudson's Bay.
(3.) The French have repeatedly committed acts of hostility to the
Company in time of peace, and may do so again, which a convoy
would prevent. (4.) The petition for convoy is intended for
protection only and cannot be construed as an intention to break
the peace. Copy. 1 p. Endorsed, Reed. Read 21 May, 1698.
[Board of Trade. Hudson's Bay, 2. Xo. 21 ; and 3. pp. 67-68.]
May 21. 488. Council of Trade and Plantations to Mr. Secretary
Whitehall. Vernon. We enclose the reasons why the Hudson's Bay Company
ask for a convoy, their apprehension being that the French have
ordered ships of war thither, and that there has been no exchange
of the forts in possession of each part} 7 in pursuance of the Treaty.
In our opinion such a convoy may be a necessary countenance and
security to the trade until all matters are adjusted between the King
and the French, who have formerly taken advantage of the Company's
weakness in respect of shipping in those parts. [Board of Trade.
Hudson's Bay 3. p. 69.]
May 21. 489. Edward Randolph to William Blathwayt. You will
New York, remember that, notwithstanding all the arguments used to prevent
the sending of Mr. Bridger and Mr. Furzer as agents to survey the
woods in New England, they were none the less appointed by Sir
Henry Ashurst's influence. Mr. Bridger is going hence to Boston
and the eastern parts ; Mr. Furser died at Barbados. There is
more reason to have those parts surveyed where there are vast
quantities of great trees fit for masts of the biggest dimensions, not
yet touched and near the water-side, as also on Colonel Lewis
Morris's lands in New Jersey where there is oak enough to build a
navy. Pray get a warrant for me to succeed Mr. Furzer with the
like salary as surveyor of the woods in those parts. It will be a
great service to the Crown and obligation upon me. Signed, Ed.
Randolph. P.S. You may remember that it was on the first
proposal that I was made Surveyor in New England. Sir Henry
Ashurst only stopped my having a new warrant. Holograph. 1 p.
Endorsed, Reed. Read 6 July, 1698. [Board of Trade. New
England, 9. No. 25 ; and 37. pp. 10-ll.J
May 23. 490. Minutes of Council of Maryland. The Governor
announced that he should shortly go to Patuxent to despatch the
shipping to England. A letter was read from Mr. Isaac Miller that
Captain Peter Paggan had made over the Country-arms to him.
236 COLONIAL PAPEES.
1698.
The Governor observed that the money appropriated to the purchase
of arms appeared not to have been applied to that purpose ; and it
was thereupon agreed that George Plater, as responsible for the
same, be suspended from his office of Eeceiver. [Board of Trade.
Maryland, 13. pp. 508-511.]
May 23. 491. Minutes of Council of Jamaica. Eichard Lloyd, on his
departure for England, gave in the bonds given by the various
officers of the Government, which were lodged in the Governor's
hands pending the appointment of another Chief Justice. On the
motion of the Attorney-General the Governor consented to delay
the departure of the ships so that the Chief Justice could stay and
hold the next Grand Court. The accounts of the revenue were
brought up after audit, and ordered to be recorded in the Council
book. Here follow the accounts. [Board of Trade. Jamaica, 79.
pp. 92-101.]
May 23. 492. Minutes of Council of New York. Members appointed
on the request of the Eepresentatives to draw up a joint address to
the King.
May 24. The Governor read the letter from the Council of Trade of
23 February, with the order refusing the privilege of a port to Perth-
Amboy ; and a proclamation was ordered to make public the said
order. Order for publishing the Eoyal proclamation forbidding
English subjects from taking service with foreign princes. Colonel
van Cortlandt was ordered to look to the clothing of the Mohawk
proselytes from Albany. [Board of Trade. New York, 72. pp. 98-99.]
May 23. 493. Journal of House of Eepresentatives of New York.
Members appointed for a joint committee to draw up an address to
the King.
May 24. Four members appointed to draw up an address of welcome to
the Governor, the draft of which was read and approved, as also the
draft of the address to the King.
May 25. Petitions (1) of Josiah Hunt, Henry Fowler and John Shute.
complaining of an undue election for the county of Westchester,
(2) of Content Titus, Jonas Wood, William Lawrence, Hope Car-
penter and John Coe to the like effect as to Queen's County ; (3) of
Eoeloff Schenk, Nicholas Stillwell and Gerrit Stoothose to the like
effect as to King's County, were received. The complaint of (1) was
that sundry voters were not admitted to vote, and many were excluded
by closing the poll before the legal hour [pp. 959-960]. The
complaint of (2) was that the Sheriff conducted the election on his
own principles and refused a poll altogether [pp. 957-958]. The
complaint of (3) was that Gerardus Beeckman and Meyndert Coerten,
the members declared elected, had been convicted of high treason
and were therefore unfit to sit [p. 956] . Eesolved that Beeckman
and Coerten be heard to-morrow. The congratulatory address was
presented to the Governor. Eesolved that petitions as to elections
and grievances be heard in Committee of the whole house. Order
for the Sheriff of New York to attend on the 27th.
May 26. Eesolved that all complaints concerning elections and grievances
be produced and answered in writing. Eesolved that the hearing
of the petition against Gerard Beeckman and Meyndert Courten be
deferred till the 28th.
AMERICA AND WEST INDIES. 237
1698.
May 27. Order for a new writ to be issued for the election of a member
for Richmond County, in place of John Tennison, disqualified.
Ebenezer Wilson appeared and delivered an answer to the petition
of Samuel Staats and others as follows \_pp. 950-951]. My return
of the election was true and just. I did summon the free-holders of
Orange County, but the Mayor, Magistrates, and several citizens of
the city of New York objected to the admission of any foreign persons
to be electors, as an infringement on the rights of the city. I there-
fore refused to admit them, but put their names in a list by them-
selves so that the question, if pursued, might be the more easily
brought to issue. I duly appointed twelve electors to be witnesses of
my faithful execution of the writ, which electors were approved by
all the candidates. I did move the poll to the town hall from the
open field, owing to the disorder of the people, and I conceive that
I had the right to do so. I did not refuse any candidate to be
present at the poll nor was I abusive to any of them ; but the
candidates of only one side were present, of whom one was so rude
as to take my chair from me. The witnesses that I selected for
scrutiny of the poll were the most reputable that I could find. It
is not true that the petitioners had a majority of voices. The
witnesses upon scrutiny rejected forty-eight voters as disqualified,
who gave their voices for the successful candidates, and eighty-eight
for the petitioners. At the close of the poll there was a majority
of fifty-eight against the petitioners. Even if the free-holders from
Orange County had been admitted to vote they were but twenty-one,
so that the majority against the petitioners would still have been
thirty-seven. Countersigned by the twelve witnesses, at least half oj
them bearing Dutch names.
May 28. Order for the late Clerk, John Clapp, to enter up the minutes
and hand over the papers in his custody. The answer of Gerard
Beeckman and Meyndert Coerten to the petition against them was
read Q>. 957] to the effect that they had received a free pardon from
the King. It was resolved nevertheless that they were not qualified
to be representatives, and a new writ was ordered for King's County.
Printed. [Board of Trade. New York, 79. pp. 939-941.]
May 23. 494. Journal of Council of Trade and Plantations. Sir
Edmund Andros's letter of 14 March last received.
Letter from the Commissioners of Transport of 20th inst. read
(No. 484), and order given for a letter to the Victualling Board
thereupon this day (No. 496).
May 25. Letter from the Victualling Board of yesterday read (No. 497).
Order for a copy to be sent to Mr. Vernon, and for a letter to be
written to the Secretary of the Ordnance thereupon (No. 499).
Order for a letter to Governor Day to be prepared.
Mr. Stoughton's letter of 2 April, Mr. Usher's of 25 March and
Mr. Addington's of 1 April, with several enclosures, read.
Order for a representation to be prepared as to instructions for
the Commodore of the Newfoundland convoy.
May 26. The representation ordered yesterday was signed.
May 27. Mr. Gilbert Heathcote reported that he and several others had
made an agreement with the Emperor of Muscovy for the
importation of tobacco into his dominions, but feared that it might
238
COLONIAL PAPERS.
1698.
May 23.
Boston.
May 23.
Cockpit.
May 24.
Victualling
Office.
May 24.
Cockpit.
be lost owing to the opposition of the House of Lords to the bill for
enlarging the Russia Company. The Board said that they did not
see how they could help them ; whereupon the gentlemen said that
they would petition the House of Lords, and send a copy of their
case to the Board.
On Mr. Blathwayt's motion the Board resolved to consider the
business of Virginia, and ordered the queries formerly submitted
to Colonel Hartwell to be sent now to Mr. Parke. [Board of
Trade. Journal, 11. pp. 73-81.]
495. Charles Story to Council of Trade and Plantations. I
arrived at Boston on 15th, and have this day written to Lord
Bellomont intimating my willingness to come to him if he should
desire further information as to the ill state of New Hampshire.
The people of that province still remain disobedient to the letters
which I received from your secretary, as Mr. John Usher acquaints
me. Signed, Charles Story. ^ p. Endorsed, Reed. Read 18 July,
1698. [Board of Trade. New England, 9. No. 26.]
496. William Popple to the Victualling Board. As soon as
you have appointed a store-keeper for Newfoundland, you will send
him hither to receive the directions of the Council of Trade upon
certain matters. [Board of Trade. Newfoundland, 25. p. 225.]
497. The Victualling Board to William Popple. With
reference to your letter of yesterday, we formerly informed you
that we had no order to appoint a store-keeper, nor do we think it
E roper for us, having no fund to answer his salary. We were
itely summoned to attend the Board of Ordnance on this matter,
and we think Lord Romney and the Board were satisfied that it
was not proper for us to appoint and agree for a store-keeper.
When we hear that one is appointed we shall direct him to wait
upon you. Sir/ned, Tho. Papillon, Simon Mayne, Hum. Ayles.
I p. Endorsed, Reed. Read 25 May, 1698. [Board of Trade.
Newfoundland, 3. A T o. 115 ; and 25. p. 230.]
498. William Popple to the Secretaries of the Admiralty.
Forwarding heads of enquiries to be answered by the Commander-
in-Chief of the convoys to Newfoundland.
The heads of enquiries referred to are : (1) What is the number
of English planters, men, women, children and servants ? What
is their manner of living and trade ? How are they employed in
winter ? Do they observe the rules of the Western Charter ?
(2) Is the Colony self-supporting ? Whence do they obtain their
provisions and necessaries for fishing? What commodities of
New England are brought there ? (3) Do they damage the woods,
to the prejudice of the fishing trade ? Do they do any mischief to the
Adventurers by destroying the materials that they leave behind ?
What quantity of woods is there in proper places to build stages ?
(4) Do they seize on the best fishing places and maliciously destroy
them, to the prejudice of the Adventurers? (5) Do the boat-keepers
that are left behind destroy the stages, and thus force the Adven-
turers to sail early to repair them ? (6) Have the boat-keepers
supplies of provisions or fishing necessaries from New England ?
(7) What sustenance do the Planters receive from land ? Do they
AMERICA AND WEST INDIES. 239
1698.
carry on any fur trade ? (8) What is the trade between New England
and Newfoundland? Does not New England send there great
quantities of liquor, which debauches the fishers ? Are the fishers
so much indebted that they are forced to hire themselves to the
planters ? (9) What number of boats do the inhabitants employ,
and what fish do they take ? Can they sell at cheaper rates than
those that go from England? (10) Do the New Englanders exercise
the fishing trade either on their own coast or on that of Newfound-
land ? (11) Give an account of the number of ships and boats
employed by the Adventurers, their burden, number of men
employed, wages, food allowances, manner and cost of catching fish,
value and quantity of the catch, and principal markets. (12) Take
an account of the sack-ships, how laden, and to what markets.
(13) Are not passengers' encouraged by masters of ships to stay
behind ? How many stay behind yearly ? (14) How are the rules
of the Western Charter observed, and how principally violated?
(15) Give full particulars of the French fishery in Newfoundland,
comparing it with ours, also (16) the number of French inhabitants,
(17) their employment during the winter, (18) the value and
quantity of the French catch of fish, and the cost of their fishing as
compared with the English. (19) Give particulars as to the times
of the French in arriving at and leaving the fishery, (20) as to the
increase or decrease of the French trade, (21) the forts and strong
places of the French, and their condition, and (22) the means of
taking their trade and fishery from them in the future. (23) Enquire
as to foreign ships that fish on the Eastern Coast, and (24) the
present state of French trade upon the bank and coast of Canada.
(25) Does any other nation carry on this trade, and where do they
frequent ? (26) Report generally on the whole state of the fishing
trade. [Board of Trade. Newfoundland, 25. pp. 225-230.]
May 25. 499. William Popple to John Pulteney. As soon as a
Cockpit. store-keeper is appointed for Newfoundland you will send him
hither to receive the orders of the Council of Trade. I am to ask
for information as to what has been done as to the materials for
a boom for the harbour of St. Johns, of which there is no mention
in the report of the Board of Ordnance of 3rd inst. [Board of
Trade. Newfoundland, 25. p. 231.]
May 25. 500. Council of Trade and Plantations to Mr. Secretary
Cockpit. Yernon. We fear there will be a failure to appoint a store-keeper
for Newfoundland, which may occasfon great embezzlement of
stores. We enclose copy of the Victualling Board's letter (\o.
497), and beg you to give the necessary orders. Signed, Ph.
Meadows, Wm. Blathwayt, Abr. Hill. [Board of Trade. New-
foundland, 25. p. 231.]
May 25. 501. Governor the Earl of Bellomont to the Lords of the
New York. Treasury. Since my arrival I have made strict enquiry as to the
Customs revenue and find that the officers have been corrupt and
negligent, and that there have been great abuses in regard to trade.
This may be inferred from the fact that though the trade of the
port is double that of ten years ago and the city grown vastly rich
and populous, the Customs' receipts have decreased. There has
240 COLONIAL PAPERS.
1698.
been a most licentious trade with pirates, Scotland and Curacoa,
and the Collector, Mr. Chidley Brooke, is extremely backward in
the discharge of his duty. I know this from my own observations
and from information of his actions, which do not suit with the
trust reposed in him. When they can be proved I shall suspend
him from office and appoint another in his room. The late Govern-
ment connived at these breaches of the Acts of Trade, and the
merchants are so accustomed thereto that the whole city was in an
uproar over a small seizure that I made, and looked upon it as a
violent seizure of their property. I shall not be discouraged, but
shall take care that the Acts of Trade are enforced, and if possible
find trusty officers to assist me. Much inconvenience will be caused
to the trade by there being no Register nor Naval Officer apart from
the Collector, but I have endeavoured to remedy this. I have
appointed Thomas Palmer to be Naval Officer and Register ; he is
of good reputation, and has given 5,000 security for due discharge
of his duty. I have refused to allow proclamations for opening the
ports in New Jersey to be printed here, for customs are levied in
this port, and Amboy, being but twenty miles away, would draw
away all our trade if it were opened. I enclose accounts of the
revenue to show you its decrease, in spite of the enrichment of the
city by illegal trade. Greater assistance of more faithful officers
is needed to remedy this. Copy. 1 pp. Endorsed, Reed. Read
6 July, 1698. Enclosed,
501. i. Account of the King's revenue from all sources in the
Government of New York, 1687. Total, 5,162. 1 p.
Endorsed as the letter.
501. ii. Comparative statement of the revenue of New York,
from 1692 onwards.
1692, 3,371. 1695, 3,601.
1693, 2,972. 1696, 3,184.
1694, 4,333. 1697, 3,603
2 pp. Endorsed as No. i. [Board of Trade. New
York, 7. Nos. 67, 67 i.-ii.; and 52. pp. 340-345.]
May 25. 502. Governor the Earl of Bellomont to Council of Trade
New York, and Plantations. Since mine of the 18th I have received yours of
30 November, directing the publication of the peace, which had
been performed here before my arrival from Barbados. I have also
received yours, of 23 February with packets for Connecticut and
Rhode Island. The proclamation as to taking service with foreign
nations has been published. I agree that it is desirable that there
should be an Agent for New York in England, but I must wait
until next meeting of the Council to appoint one. The Order in
Council relating to the port of New York I at once communicated
to the Council, and thereupon issued the enclosed proclamation. It
has given great satisfaction here, for the merchants were already
preparing to move to Amboy and Burlington on a report that these
had been declared ports, in order to have the advantage of importing
all sorts of merchandise free. I shall obey with great pleasure your
orders as to furnishing naval stores from New Hampshire for the
King's Navy. Though the good design has hitherto been obstructed
AMERICA AND WEST INDIES. 241
1698.
by cross accidents, yet I do not despair of its succeeding well for the
advantage of England. Much disappointment and loss of time in
this affair was caused by foolish and unhappy parsimony of the
Surveyors, Mr. Bridger, Mr. Furzer and Mr. Jackson, appointed to
survey the woods and other conveniences in these Colonies. They
procured an order from the Admiralty to be shipped in H.M.S. Dept-
ford, and so were forced to Barbados, where Mr. Bridger and Mr. Furzer
fell sick of a fever three or four days before I left, contracted by a
debauch. Mr. Furzer died, who I believe was the better of the two,
but, Mr. Bridger recovering, followed me hither ; and I have sent
him to Boston with a letter earnestly recommending his design.
Mr. Jackson is still here on business, but will follow him in a day
or two. My letter is addressed to the Lieutenant-Governor, Council
and Assembly, and will find the Assembly sitting. One thing I
fear may obstruct the design, though Massachusetts favours it, and
that is the Eastern Indians are at war with the province, which will
make it very expensive for Massachusetts to provide a guard for the
Surveyors. If they require it of me, I will furnish them with forty
or fifty soldiers from these garrisons. I am told that this country
is better for producing hemp and flax than that about Boston, and
some have spoken to me about encouraging the growth of it
by Act of Assembly ; but day-labour is so excessively dear here that
I am jealous it will never do so well here as in Ireland. However,
I will give the design all the countenance I can, so that the King
shall be sure of being supplied with these species here if they
should fail in other of his dominions. I shall go to Albany about a
month hence, when the session of Assembly is over, where the Five
Nations are appointed to meet me. I shall try to engage them to
fall upon the Eastern Indians which infest New Hampshire and
Massachusetts, unless I am informed meanwhile that these Indians
have ceased their hostilities. By next opportunity you shall have
proofs of Colonel Fletcher's maladministration equal to any-
thing that I transmit by this conveyance. I have been obliged
to detain the Eichmond eight or ten days for my packets. I
have taken a good deal of pains with them and have been
wholly employed day and night for nearly three weeks in pre-
paring them for you. I have been so moderate to Colonel
Fletcher and his friends that I have turned out none of them, not
so much as his sheriffs, who are complained against for foul
practices in the election of Representatives notwithstanding my
proclamation to the contrary. Hence there is much discontent
among those who have been prevented by foul play from sitting in
the House ; and such irregularities are daily committed in the
House in the point of order that I begin to despair of their doing
any good for the King's or the country's service. I must remark
to you the great pains that Colonel Fletcher took to divide the
people here and to foment the feud between Leisler's and the
opposite party. He went so far as to publish a book (taking the
Council's advice in doing it) to revive the old story of Leisler.
I shall send it, with the order in Council for printing it, by next
opportunity, and you will then judge if it was not circulated to put
this town and country into a combustion. I send two affidavits
taken by Mr. Attorney in my presence against Mr. Pinhorne.
4220
242 COLONIAL PAPERS.
1698.
He has been one of the Council here, a great creature of
Colonel Fletcher's and one of the judges. I gave him
fair play by confronting his accusers with him and shall turn
him out of Council and of his Judge's place next Council day.
Earle is a man of good estate, I am told, in East Jersey, and I
could see nothing in his or his mother's behaviour to make me
suspect their evidence. Signed, Bellomont. I must do Mr. Graham
the right to tell you that all my information of the affairs of the
province is owing to him. He is a man of great sagacity and
temper. Not a man of the Council has come to offer me any
account of affairs. It is as if they had sworn allegiance to Colonel
Fletcher, not to the King. But I shall soon prove to you that
their reserve arises from the consciousness of their guilt. 3 pp.
Endorsed, Reed. Read 6 July, 1698. Enclosed,
502. i. Proclamation of the Earl of Bellomont. Declaring
that no goods are to pass up the river at New York
without paying duty there, since the King has rejected
the petition of East Jersey to open a port at Amboy.
24 May, 1698. Printed. I p. Endorsed, Reed. 6 July,
1698.
502. n. Deposition of Edward Earle. In 1691 or 1692 I was
at William Pinhorne's house, when a book being pro-
duced with a picture of the Prince of Orange, Pinhorne
asked was it not a pity that such a hump-backed, crook-
nosed Dutch dog should rule the kingdom of England.
Deposition of Hanna Earle. To the same effect.
Copy. 1 J pp. Endorsed as No. i. [Board of Trade.
New York, 1. Nos. 68, 68 i.-n. ; and 52. pp. 356-366.]
May 25. 503. Precis of the preceding letter. 1 p. [Board of Trade.
New York, 7. No. 69.]
May 25. 504. Governor the Earl of Bellomont to William Popple.
New York. The load of business on me is so great that I cannot send all the
evidence against Colonel Fletcher that I had designed. The
Assembly is sitting, and there is such a "world of complaints,
especially from the soldiers who have been wronged of their pay,
that I have scarcely had time to write the letters to the Council
that decency obliged me. Mr. Clement, my secretary, also used
me so ill as to stay behind me, which has occasioned me much
pains and trouble. There is an inconsistence in my instructions
which I desire may be rectified. I am made Captain General of
the militia of the Jerseys, and yet by a particular instruction I am
to forfeit half my salary and perquisites to my Lieutenant-Governor
while I am absent from the province or from any province of my
government. I should suffer the like if I went to Connecticut.
Mr. Stanley, who is my particular friend, will shew you an essential
fault in the commission of the Lieutenant-Governor of New York,
which I desire may be rectified at the same time. Please send to
Mr. Stanley about it. Pray also move the Council to ascertain
what perquisites and fees do properly belong to me when I am
absent from any of my governments. Thus when I am in Boston
is my Lieutenant-Governor of New York entitled to the perquisites
of New York government, which are one-third of ships seized,
AMERICA AND WEST INDIES. 248
1698.
probates, marriage-licences, fines and forfeitures and passes for
ships ? As to the first the share of ships the Act of Parliament
seems to settle "the question by appropriating the perquisites to the
Governor only, taking no notice of a Lieutenant-Governor or
Commander-in-Chief for the time being. Pray ask the Council to
decide whether by moving from one government to another, as my
duty obliges me, I am to be a loser, and sufferer, for every journey
will be very expensive. " I will undertake to make it appear
"that at that rate the Lieutenant-Governor will have a
" better time of it than I shall." Let me entreat you
to send me the Council's orders hereon. I send copies
of my French letters to Count de Frontenac and to Mons.
de Calliere, Governor of Montreal, also my instructions to the
bearers of these letters. If you think it worth while, please shew
them to the Council. I shall covet to maintain a more than
ordinary strict correspondence with you. Signed, Bellomont. My
humble service to Mr. Locke. I hope this last severe winter has
not prejudiced his health. The sure way of conveying letters to
me is by way of Boston, whence the post comes every week to this
place. I desire you to send to the pay-office to prevent Colonel
Fletcher's receiving any pay, for I shall prove that he has
defrauded the officers and soldiers of great sums here. Postscript.
Since I writ this I have shewn my instructions as to my
Lieutenant-Governor's allowance to a friend or two, who are of
opinion that it entitles me to all the perquisites so long as I am in
the province or in my other governments, provided I go not out of
New England ; but they say it is doubtfully worded and ought to
be better explained. I send you copy of the instruction. Please
discourse it with Mr. Stanley and then move for a plainer
instruction. 3 pp. Enclosed,
504. i. Copy of a letter from the Earl of Bellomont to Mons.
de Calliere. New York, 22 April, 1698. I was much
surprised that Colonel Fletcher had neglected to inform
you of the general peace published in London on the
19th October. It was most blameable conduct on his
part, and will certainly be censured at Court. I have
given orders for the immediate release of all French
prisoners, whether in the hands of the English or of
the Indians who are the King's subjects. I have
ordered the release of the French prisoners in the other
provinces also. I have entrusted a letter for Count de
Frontenac to Colonel Schuyler and Mr. Dellius. I
beg that you will welcome them to your government
and speed them to Quebec. French. % p.
Copy of a letter from the Earl of Bellomont to Count
de Frontenac. 22 April, 1698. Having been appointed
Governor of several provinces and of New York among
them, I beg, while informing you of the same, to apprise
you of the general peace, which was published in London
in October last, a few days before my departure. My
voyage, however, was long and tedious, and having
been driven into Barbados by the severe weather, I
arrived here only on the 2nd inst. Colonel Schuyler
244 COLONIAL PAPERS.
1698.
and Mr. Dellius are the bearers of this letter, and will
bring with them all the prisoners in our hands in this
province. I shall send orders for the liberation of those
in the hands of our Indians and for their safe escort,
if necessary, to Montreal. I have no doubt that you
have given the like orders on your side so that good
correspondence and free commerce can be resumed
bstween us. French. 1 p. Endorsed, Reed. 6 July,
Read 18 Sept., 1698.
504. ii. Instructions of Lord Bellomont to Peter Schuyler
and Godfrey Dellius on their mission to Canada. To
inform the Governor of the peace and ask for the
release of British prisoners. Copy. 2J pp. Endorsed,
Reed. 6 July, 1698.
504. in. Copy of a letter from Lord Bellomont to the Governor,
Council and Assembly of Connecticut. I am extremely
obliged to you for your welcome to me in your letter of
12th inst., borne by such worthy persons as Major-
General Winthrop, Major Selleck, and the Rev. Mr.
Saltonstall. You may be sure that 1 shall be a friendly
neighbour to you. I send you a copy of a letter
addressed to me by the Council of Trade just before
my departure (see preceding Vol. No. 1335). Pray con-
sider it and inform me as soon as you can of your reasons
for countenancing the towns of Rye and Bedford in their
revolt against this province, and upon what foot you
pretend to jurisdiction over them. I am glad that I am
able to apply to you in this affair while your General
Assembly is met. Signed, Bellomont. Copy. 1 p.
Endorsed, Reed. 6 July^ 1698, Read 21 Feb., 1698-9.
504. iv. Copy of a clause of Lord Bellomont's instructions
respecting the allowance to his Lieutenant-Governor
during his absence from New England and New York.
J p. [Board of Trade. New York, 7. ^Vo. 70, 70i.-iv. ;
and (without enclosures) 52. pp. 366-370.]
May 25. 505. Journal of General Assembly of Massachusetts. The
Representatives (names given) were sworn and chose Nathaniel
Byfield as Speaker, who was approved.
May 26. The Representatives presented the list of Councillors elected by
them, who were approved by the Lieutenant-Governor and sworn.
The Lieutenant-Governor then made a speech recommending the
securing of the frontier against rebel Indians, provision for the
support of the Government, and the making and reviving of laws.
The Order of the Lords Justices in Council respecting the admission
of Customs-officers to appeal to the King in Council, and the
Council's address thereon, were read and ordered to be laid before
the Assembly. The gentlemen who had waited on Lord Bellomont
returned this day, bringing a letter from his Lordship, which was
sent down, to the Assembly, as was also another letter from him
referring to naval stores which was presented by Mr. Bridger.
Thanks voted to Nicholas Noyes for his sermon,
AMERICA AND WEST INDIES. 245
1698.
May 27. Members appointed for a joint committee respecting the Lords
Justices' order concerning appeals. Debate on the Acts disallowed
by the King. Order to prepare bills to re-enact the Acts as to
Precedents, and for establishing of ports and fixing fees for entry
and clearing. On Mr. Bridger's application for a guard to protect
him while inspecting the forests, a Committee was appointed to
ascertain his instructions and the measures that he proposes to take
with regard to naval stores.
May 28. A petition of William Peabody for leave to appeal from a judg-
ment of the inferior Court, read. Bill to explain the law referring
to inhabitants read and debated. [Board of Trade. New England,
48. pp. 219-224.]
May 26. 506. Minutes of Council of Maryland. Collectors' accounts
and shipping lists sworn to. Order for the accounts of the revenue
to be ready by the end of August. George Plater asked for further
time to make up his accounts of the money appropriated to the
public arms. [Board of Trade. Maryland, 13. pp. 510-512.]
May 26. 507. Governor Nicholson to James Vernon. My congratu-
Maryland. lations to you on your elevation to so honourable a place of trust,
but all who know you must own that it is due to your merit. My
thanks for your letter telling me that you will give no credit to
reports to my disadvantage. I beg that the King will order those
who accuse me to sign their accusations and give security (for such
as Slye are in debt more than they are worth) to prosecute their
accusations, so that I may have my remedy at law. Sir Thomas
Laurence having been dangerously ill last winter is obliged to
remove to England. I have always found him entirely devoted to
the King's service, in attending of which, both at home and at other
places, he has suffered much in health and estate. He has full
powers and instructions from me to lay before the lung the state
of the province. Kindly continue us both under your patronage.
Signed, Fr. Nicholson. 1 p. [America and West Indies. 558.
.Vo. 6.]
May 26. 508. Gerard Slye to James Vernon. I attended you on my
Maryland, return to England last year to give you an account of Governor
Nicholson's ill-practices, and have since brought to your office several
articles together with John Coode's petition against him, to be laid
before the King in Council. Having since returned hither I send
you a further account of Nicholson, which I hope you will the
more readily pardon since it is for the lung's service. All thinking
men are amazed that such a man should have twisted himself into
any post in Government, for besides his incapacity and illiteracy
he is a man who first in New York, then in Virginia and at last in
Maryland, has always professed himself an enemy to the present
King and Government. You will see by copy of a letter writ from
this Government what a mark they gave him from his true
character. He is still the same man, and I have such incredible
accounts every day of him that I should prefer to be silent about
them if I were not sure of proving them. By some means he
obtained a copy of the rough draft of the first accusations against
him and proceeded ex parte to examine witnesses and take
246 COLONIAL PAPERS.
1698.
affidavits as he thought fit to have them drawn to clear himself,
for he would cot allow the people before or after they were sworn
to read over their depositions. Since then he has called an
Assembly and would have had them clear him, but they would not
meddle in it, neither could they, since many of the members could
not only testify the truth of the charges but also to other ill
actions, the worst of crimes. When he found he could not have
his end with them and that they were about to redress the
grievances of the province he adjourned them, and has since
prorogued them twice ; and it is thought he will not let them sit
lest they should inspect his abuses, as they certainly will whenever
they sit. I heartily wish a new Governor were hastened hither for
the good of the country and all concerned. The whole province
longs for a gentleman who is qualified for Government and loyal to
the King. I doubt not you may be instrumental to so good a work.
I enclose the heads of other articles against him. Signed, Gerard
Slye. 2 pp. Enclosed,
508. i. Further articles of crimes and misdemeanours against
Governor Nicholson. (1) He makes his chaplain walk
bareheaded before him from home to church. (2) While
at Common Prayer, at the beginning of the Litany, he
called Captain Thomas Waughop, member of Assembly,
rogue and rascal, and kicked him out of the church.
(3) He goes to receive the sacrament in a military
manner with drums beating, sword by side, and the flag
flying on the house where divine service is said.
(4) He usually makes his chaplain wait ten or twelve
hours for service, so that often morning prayer is said
in the evening. His chaplain, Mr. Peregrine Coney, a
" pious and good gentleman, the credit of the clergy in
" this province, happening one day by the Governor's
"means a little disguised in drink," the Governor sent
for him to perform divine service, though he excused
himself. Knowing the condition he was in, the Governor
yet commanded him in, exposed him to the congregation,
calling him dog, and then ordered him to be turned out
of doors. (6) He offered a sum of money towards
building a popish chapel at Annapolis. (7) He opened
the popish chapel at St. Maries, which was shut up from
the Revolution till his arrival, and then allowed them
publicly to say mass, nearly in view of a Court of
Justice. (8) He has often attempted to debauch several
young women, gentlemen's daughters, in this province.
(9) It is publicly reported here that he ravished a Quaker
girl in Pennsylvania. (10) In his unreasonable passion
he has often cursed and sworn very profanely before and
after receiving the sacrament. (11) His open hypocrisy
and prof aneness have made more proselytes to the Roman
religion than all the arguments of the Jesuits. More have
turned to that religion during his Government than in
forty years before, viz., 60 in St. Maries County, and more
in Charles County last year. (12) By forcing people to
swear on every frivolous occasion he causes many to
AMK11K A AND WEST INDIES. 247
1698.
forswear themselves. (13) It is usual with him to fall
a cursing and swearing and to beat, wound and abuse
several good inhabitants immediately before and after
coming from prayers. (14) In his usual discourse with
the inhabitants it has always been his custom to avoid
speaking of the King as King "William, but to use general
terms, such as the King and Crown of England. (15)
He has also avoided giving Commissions to the military
officers, for what reason is unknown, though often
requested to do so. (16) He chambers and threatens
members of Assembly with ruin unless they assent to
his proposals. (17) In July, 1696, he took the Speaker's
seat without consent of the House, called him rogue
and rascal and threatened him with ruin. In the same
Assembly he threatened the Representatives of the whole
province with imprisonment in his dungeon built at
Annapolis for not complying with his unreasonable
demand, intimating further that he expected a rising of
their counties, which would enable him to hang them
all up. (18) He opposed the King's orders as to giving
assistance to New York, advising the Assembly to find
some way to avoid them ; and in May, 1697, when there
was 400 or ,500 in bank and the Assembly was will-
ing to contribute it, he pressed them to dispose of it
otherwise, except 160, which he pretended was the
whole stock. (19) He issues warrants for the seizure
of persons and of their personal estates on bare infor-
mation of frivolous crimes. (20) In January, 1698,
he summoned divers persons to appear before him
and Council at Battle Town in Calvert County,
and then caused them to give on oath answers to
sundry questions intended to clear him from the
accusations of Gerard Slye ; nor would he allow the
deponents to read them or take copies of them. (21)
The writs for a new election to the Assembly were
issued by the Governor and Council bearing date of the
time of taking these depositions. (22) The members
thus elected met in Februar} T , were prorogued to the
8th of March and then to the 10th, when a full House
of Assembly appeared at Annapolis. (23) The reasons
given by the Governor for calling an Assembly were
business with the Indians, the settling of the militia
and redress of grievances, but before they could proceed
to business he laid before them certain articles preferred
by Gerard Slye against him and asked them to vindicate
him. The Assembly first considered and dealt with the
questions of the Indians and militia, and then addressed
the Governor as to public grievances; but as the
grievances interfered with the articles, the Governor,
instead of redressing them, asked who presented them
to the Committee of Grievances, and demanded likewise
to know the names of the Burgesses who had voted the
same to be grievances. This unprecedented and
248
COLONIAL PAPERS.
1698.
May 2G.
Boston.
May 26.
Whitehall.
May 26.
May 26.
Whitehall.
May 27.
New York.
unparliamentary proceeding satisfied the House that he
designed to redress no grievances, and they therefore
prayed him to put an end to the Assembly. He kept
them, however, for eighteen days afterwards, offering
no business to them except the said articles and some
other matter about Sir Edmund Andros and Mr. Penn,
which they conceived to be of no interest to the King or
that country, but to arise from private difference and
prejudice. They therefore refused to meddle with any of
the said matters, and begged him not to detain them then
on business which was not for the country's good, and
to which they could not in conscience consent. They
received several threatening answers and after twenty
eight days' sitting resolved to address the King. The
Governor, on understanding this, prorogued them to the
3rd of May. All of these matters appear in the Journal
of Assembly, which for his own ends he violently and
with menaces of present durance in a dungeon extracted
from the Speaker, who by order of the House was to have
the keeping of the said journal, which was a duplicate
of another returned to the Secretary's office by the
Clerk of Assembly. The House gave this order to
prevent his abuses in altering their journals, as to their
great damage and experience they have been served.
7 pp. {America and West Indies. 558. Nos. 7, 7 1.]
509. The Secretary of Massachusetts to William Popple.
Advising the despatch of Minutes, Journals and Acts. Lord
Belloniont is still at New York, where he arrived on 2 April.
Signed, Isa. Addington. 1 pp. Endorsed, Eecd. 5 Sept. Read
26 Oct., 1698. [Board of Trade. New England, 9. No. 27;
and 37. pp. 25-26.]
510. William Popple to the Attorney and Solicitor-General.
Forwarding an Act of Massachusetts of 1697, prohibiting the
export of coin and bullion, for the opinion of one of them thereon.
[Board of Trade. New England, 36. p. 385.]
511. Minutes of Council of Massachusetts. A General
Council appointed for 3 June for choosing officers in cases of
vacancy and necessity. [Board of Trade. New England, 49.
p. 153.]
512. Council of Trade and Plantations to the King. As the
time for the sailing of the convoy to Newfoundland is come, we
recommend that, as there is no Governor or Government there, the
Commander-in-Chief of the convoys should have superior command
over the forts and soldiers during his stay and should inspect and
report on all the stores. Signed, J. Bridgewater, Ph. Meadows,
Wm. Blathwayt, Abr. Hill. [Board of Trade. Newfoundland, 25.
p. 232.]
513. Governor the Earl of Bellomont to the Commissioners
of Customs, I have by this conveyance reported to the Lords of the
Treasury and the Council of Trade the decrease in the revenue of
AMERICA AND WEST INDIES.
249
1698.
New York, notwithstanding the great increase of trade, owing to
the corruption of the Custom-house officers with the connivance of
the late Government. I have already checked their licentious
practices by the seizure of a ship, but the observance of the Acts
of Trade was so great a novelty that it gave as great discontent as
the infringement of their charter. I have some information of the
ill behaviour of Mr. Chidley Brooke, and when the proofs appear
I will send them to you. Meanwhile I fear that I shall be forced
to suspend him for his remissness and backwardness. With good
officers to assist me I am well assured that the Customs-revenue
would be advanced. Mr. Randolph I find is an active and intelli-
gent officer, but his employ will not suffer him to be long in one
place. He was here last, but is now gone towards Boston. He told
me that he would report to you how often ships of unfree bottoms
and prohibited goods unlade in Connecticut without interruption,
and then the empty vessels come to New York, there being no
provision of officers yet made in that Colony. There are likewise
several ships that go from New York to Madagascar and (as is
supposed) trade with pirates ; nor do we know how to remedy it.
The publication of the Royal order as to the Jerseys has given
great satisfaction here. Arrest was lately laid on Mr. Randolph in
this city for a seizure made in Virginia, which was perfectly regular
and in discharge of his duty. I considered that if such vexation
and trouble were permitted to be done him, the King's service could
never be done, for his arrest might be so timed as to prevent a con-
siderable seizure and his securities at home are answerable for any
mismanagements ; yet I could not tell how to stop the regular
course of the law. I could only send for the parties and tell them
how ill I took their proceedings against a King's officer, what
damage it might be to the King's affairs, and that, unless they had
good cause of action, they might be sure of all the discountenance
that I could give them forever. However, security was ordered to
be given for Mr. Randolph and he proceeded to Boston. I wish
some method could be found in future to prevent such rubs in
the officers' ways, and that I may have orders therein. I have
appointed Thomas Palmer to be Naval Officer. Certified eopi/.
I p. Endowed, Reed. Read 9 July, 1698. [Board of Trade.
New York, 7. A r o. 71 ; and 52. pp. 353-356.]
May 27. 514. Governor the Earl of Bellomont to William Popple.
New York. Giving a list of the packets forwarded to the Council of Trade.
Sinned, Bellomont. 1 p. Endorsed, Reed. Read 6 July, 1698.
[Board of Trade. New York, 7. No. 72 ; and 52. pp. 311-312.]
May 27. 515. William Popple to Daniel Parke. Forwarding a list of
Whitehall, queries, identical with those sent to Henry Hartwell (sec preee<lin<i
}'ol. No. 1320) for his answers thereto. [Board of Trade. Virginia,
37. p. 207.]
May 28. 516. Mr. Pulteney to William Popple. In answer to yours
St. James's. O f 25th, the Victualling Board attended Lord Romney at the
Ordnance Office some days ago, and said that they should not
require a store-keeper in Newfoundland, whereupon, to ease the
charge of the office, Lord Romney and the Ordnance Board resolved
that the master-gunner there should act as store-keeper, receiving
250 COLONIAL PAPERS.
1698.
a small additional allowance for his trouble. As to the chain,
boom, etc., I am informed that the Ordnance never provide such
things, and therefore they were not included in the estimate sent
by that Board. The person intended to be master-gunner at New-
foundland is now there, so that if the Council of Trade has any
instructions for him, Lord Romney will transmit them. Signed,
J. Pulteney. I p. Endorsed, Reed. 28, Read 30 May, i698.
[Board of Trade. Newfoundland, 3. No. 116 ; and 25. p. 233.]
May 28. 517. Governor Nicholson to Council of Trade and Planta-
Maryland. tions. I have received yours of 27 October, 17 November, and
23 February last. I should have written earlier, but this is the
first safe opportunity, for the ship Jeffreys, which was designed to
have sailed before Christmas, has been hindered through the
winter setting in very early. It was very sharp with great frosts
and snows, and did not break up until the latter end of March.
These were the reasons why the tobaccos were not struck and put
into the hogsheads, so that the ships could not load, though there
is more in the country this year (as also goods) than there has been
since the war, which makes tobaccos in the country bear a good
price and encourages the planter. It has been a very sickly
winter and spring (and in some places still continues so) so that by
common computation eight or nine hundred people have died ; but
from five to six hundred servants have been brought in, and four or
five hundred negroes are expected in the summer. But I hope to
give you an exact account of all. I fear that your letter of
2 September must have miscarried in H.M.S. Swift, for it has not
reached me. With the Council's advice I laid before the Delegates
some paragraphs of your letter of 17 November, but they have very
undutifully not answered your directions concerning an Agent.
Still we thought it our duty as far as in us lay to comply with your
commands, and have desired Sir Thomas Laurence, the Secretary,
to represent to the King, pursuant to your orders to him, the full
state, both ecclesiastical and civil, of the province. I send two
catalogues of the papers sent by him. Signed, Fr. Nicholson.
1 pp. Endorsed, Brought to the Board by Sir Thomas Laurence.
Reed. 20, Read 21 July, 1697. [Board of Trade. Maryland, 3.
No. 47 ; and 9. pp. 182-183.]
[May 28.] 518. A collection of papers brought to the Council of Trade,
together with the preceding letter, by Sir Thomas Laurence.
518. i. A catalogue of the papers sent by the hand of Sir
Thomas Laurence, with his receipt for the same. 3 pp.
Endorsed, Reed. 21 July, 1697. Read 25th. Entered
in Board of Trade. Maryland, 9. pp. 184-188.
518. ii. A second catalogue of further papers, with a like
receipt. 1 pp.
518. in. A list of the Addresses to the King comprehended
in the papers aforesaid. ^ p. Endorsed, Reed. 25 July,
1697.
518. iv. Council of Maryland to Council of Trade and
Plantations. The Governor has communicated to us
your letter of 17 November, and we thank you for your
care of us. The greater number of the Delegates have
AMERICA AND WEST INDIES. 251
1698.
so far overlooked their duty and interest as to refuse
joining with us in so important a matter as the sending
of an Agent, passing it over in silence and addressing
themselves to matters of far less moment. We cannot
hold ourselves so discharged, and therefore offer you
this true account of some disturbances lately raised by
some ill-disposed persons in Maryland. It is known to
you that before the King took this province under his
immediate government, it was under Lord Baltimore,
a professed Roman Catholic, as were also the greater
part of his Council, who though they shewed outward
respect to the Protestants would not consent to any
establishment by law for the support of the Protestant
clergy. There were therefore few clergy in the
province, and they had no other subsistence than what
was given to them voluntarily, for want of which the
generality of persons well affected to the English
Church were little instructed and ignorant of the true
principles of religion, while the Papists were constantly
supplied with priests to instruct them in their way. But
after the King took over the Government, the Assembly,
being all Protestants, took care of religion in the first
place and made provision for the clergy by Act of
Assembly. By the influence hereof over thirty churches
have been built and more are building, together with a free
school at Annapolis ; and several able divines are come
over to us, so that the Church Government is in a hope-
ful way of establishment. Lately, however, Lord
Baltimore's Agents and dependents have spread divers
reports that the King would shortly deliver the Govern-
ment to Lord Baltimore. Hence we now find great
coldness and even aversion to carry on and perfect so
good a work, and this even in professed Protestants,
especially those who have any dependence on Lord
Baltimore. We cannot doubt that there are many of
these, for the following reasons ; (1) Lord Baltimore
holds all the lands in Maryland, mediately or imme-
diately, and all rents and escheats; he claims all waifs,
strays, wild cattle and the like ; and all lands untaken
up are purchased from him. Since he has not been
earnest in gathering his rents, we compute that not less
than two millions of tobacco are due to him, so that
many persons are in his debt. (2) Lord Baltimore
having all escheated lands and having refused to open
the escheat office since the Revolution, many people
depend on him for purchasing such escheat lands.
(3) Many of his relations are married to Protestants, and
the expectation of office and employment draws many to
his interest. These reports have much distracted and
troubled the Protestants of Maryland, to the great
prejudice of a pious work and the endangering of the
Act, insomuch that some of the Delegates said they would
endeavour to take off the 40Ms. of tobacco per poll,
252 COLONIAL PAPERS.
1698.
levied for support of the ministry. We beg therefore that
we may be retained under the King's immediate Govern-
ment, which we hope will firmly establish the Protestant
religion among us and reform the lives and manners
of the people ; for if Lord Baltimore be restored, we
fear that all our pious endeavours will be defeated, and
that this country will slip back into the same ill-
circumstances as formerly. We beg you to question
Mr. Thomas Laurence hereon, upon whom we so wholly
depend that we have desired him to act as our Agent.
If indisposition prevents him from attending you, we beg
you to summon Captain Richard Hill, who has voluntarily
offered to wait upon you. Signed, Hen. Jowles, Cane.,
John Courts, Thomas Tench, John Addison, Tho.
Brooke. 3 pp. Endorsed, Reed. 21, Read 25 July, 1697.
Entered in Board of Trade. Maryland, 9. pp. 189-193.
518. v. Reports of the Sheriffs as to the numbers of priests
and dissenting Ministers in Maryland. Ann Arundel
County. There is neither priest nor lay brother. The
Quakers have one new timber- work meeting-house,
where they keep their annual meeting. They have
their weekly and monthly meetings at other houses
(names given). Baltimore County. There is neither
teacher nor place of worship, either of Quakers or
Roman Catholics. George's County. The same. Calvert
County. _ No priest nor lay brother, nor church nor
chapel of the Roman Catholics. The Quakers have
one very old meeting-house. Charles County. Three
Romish priests, two of them Jesuits, one a Franciscan,
and one lay brother. There is a chapel, forty feet by
twenty, and twenty years old, near Newport town, also
another chapel. There are two Quakers but no meeting-
houses. St. Maries County. Two Romish priests, one
lay brother. One brick chapel and three wooden chapels.
No Quakers. Somerset County. No priests, lay brothers,
nor chapels. No Quakers ; two dissenting chapels.
Dorchester County. No priests nor dissenters. Talbot
County. No priest nor lay brother. A clapboard chapel
at Doncaster town. The Quakers have five meeting-
houses. Kent County. Three papists, no priest nor
lay brother. Twenty-four Quakers. They have a meet-
ing-house thirty feet by twenty, near which is a piece of
ground paled, where they bury their dead. Endorsed
as No. iv.
518. vi. List of ships built in Maryland since the King's
reign ; and list of vessels and seafaring men belonging
to the province, arranged in counties. 8 pp. Endorsed,
Reed. 21 July.
518. vn. Copy of a petition of several masters of ships to
Governor Nicholson. That a severe law may be
enacted to punish all who entertain runaway seamen
and that a reward may be offered for the capture of
AMERICA AND WEST INDIES. 253
1698.
such runaways. In Pennsylvania deserters are not
only winked at, but encouraged by specious promises of
excessive wages. Copy. 1 pp. Endorsed as No. iv.
518. vm. Copies of a correspondence between Governor
Nicholson and Sir Edmund Andros.
Sir Edmund Andros to Governor Nicholson.
Virginia, 15 March, 1698. Captain Bostock acquaints
me that H.M.S. Swift (which was drove ashore near
Roanoke) is washed up higher than she was, but without
any damage. He doubts not to save her. I am
hastening a sloop to her.
Captain Bostock to Governor Nicholson. Essex
prize. Point Comfort, 5 April, 1698. I wrote to you
from North Carolina of H.M.S. Swift being there, but
robbed of all her provisions and stores. Your letters
are burned, but the body of the ship is whole, as I have
written to Sir E. Andros for assistance. I had orders
to ask for your instructions on coming out here, and I
now beg for them as, if the vessel be saved, I shall be
glad to comply with them. I am doing all I can to get
the necessaries for saving her.
Governor Nicholson to Captain Bostock. Annapolis,
26 April, 1698. I am sorry to hear of your misfortune.
I should advise you to bring your ship here if possible,
and I will do all I can to help you to refit her, though
the King unfortunately has no naval stores in this
province. Pray tell me how I can give you any assist-
ance at present. Copies. The ichole, 2 pp. Endorsed
as No. iv.
518. ix. Copies of two letters as to Indians and the Rangers.
John Addison to Governor Nicholson. 19 May, 1698.
Six rangers are at the head of the Eastern shore, six
more at the plantation where James Lile was killed at
the mouth of Goose Creek. They range out three
out of each company, weekly by terms. Captain Richard
Owen has been up at the Sugar-loaf Mountain on this
side, his last time out, but saw no Indians, though the
woods there were newly burned. Colonel Beale and his
party last week ranged up to the Eastern branch,
headed Kock Creek and so down Potomac, but discovered
nothing. My family, like my neighbours, remain very
sickly. p.
William Hutchinson to John Addison. 18 May, 1698.
I have received yours of yesterday, telling me that the
Governor looks for a report of the Indian Emperor's
communication with us. The reason why we gave no
report is that we knew not what to make of w r hat he
said. His reason for coming over was to deal here, but
he brought little to deal for. We asked if he intended to
return into this Government, which he seemed at some
times to be willing to do (though not this year) and other
times unwilling, saying that if mischief were done, they
would be blamed for it, We asked him to go to the
354 COLONIAL PAPERS.
1698.
Governor and acquaint him of their intentions and of the
causes of their not coming according to their promise.
He said he had not then time but would meet the Governor
at Francis Morbory's (?) in ten or fourteen days (of which
he spent seven or eight drinking here in several houses).
We desired him to appoint a certain day for meeting the
Governor and we would acquaint His Excellency of it,
but he pretended he would not. Sometimes he would
talk as if he meant to be as friendly as formerly ; at
other times he brags of his readiness to fight and of the
greatness of his army ; at other times he would say
that when he met the Governor he would acquaint him
of his grievances, and if they were redressed, all would
be well. But indeed his discourses to us were so
various that nobody could tell what to make of them.
Mr. Hatton being sick had little discourse with him.
|- p. The whole endorsed as No. iv.
518. x. Docquet of causes awaiting trial at the Provincial Court
on the 6th of April, 1698, upon navigation and other
bonds passed to the King, fifty -four in all, besides four
on which judgment had been obtained for the King.
5 pp. Endorsed as No. iv.
518. xi. Copy of Arnold Nodine's patent of denizenation and of
the proceedings against him for breach of the Act for
preventing frands. 2 pp. Endorsed as No. iv.
518. xn. Copy of an Act of Naturalisation of Stephen Francis,
Geo. Slacomb and Peter Doudee. 10 June, 1697. lp.
Endorsed as No. iv. [Board of Trade. Maryland, 3.
Nos. 47 i.-xn.]
| May 28.] 519. Three documents sent from Maryland by the same
conveyance as that which brought Governor Nicholson's letter of
28 May.
519. i. Address of congratulation from the Governor in
Council to the King on his safe return from the war.
lj>.
519. n. Address of the Council of Maryland to the King on
the peace. 1 p.
519. in. Address of the General Assembly of Maryland to
the Council of Trade and Plantations, as to the capacity
of Maryland to furnish naval stores. Duplicate. 1 p.
[America and West Indies. 558. Nos. 8 I.-IIL]
May 30. 520. Journal of House of Eepresentatives of New York. On
a petition from Samuel Staats and others (p. 952) time was granted
them till the 1st of June to make their answer to Ebenezer Wilson.
Order for Josiah Hunt, Henry Fowler and John Shute to attend and
make good their petition, and for Benjamin Collier, sheriff of West-
chester, to attend likewise to answer them.
May 31. John Harrison, sheriff of Queen's County, presented his answer
to the petition of Content Titus and others as follows (p. 958).
I cannot be held responsible because I followed the usual rule in
polling instead of writing the names of the persons to be chosen on
paper, as the petitioners suggest. It is alleged that I refused a
AMERICA AND WEST INDIES. 255
1698.
regular poll. On the contrary I allowed it, and by that poll there
was a majority of eighty for the members that I returned. Answer
ends. Resolved that John Harrison's return is a good return.
June 1. Samuel Staats and others presented their reply to Ebenezer
Wilson as follows (p. 952). The sheriff seeks to justify himself
by a statute of Henry VI., made long before these Colonies were
part of the dominions of England. If he was right to exclude the
freeholders of Orange County he should have excluded also those of
New Rochelle and other places, which would greatly diminish the
number of votes for the persons that he returned. He pretends
that he left the people of Orange in dispute ; his return shews that
he allowed of them. It is useless for him to pretend to justify his
adjournment of the poll, time and place of election under a statute
of Henry VI., for the statute of 7 and 8 William III. enacts that the
sheriff shall not adjourn the poll without consent of the candidates.
It is not true that he did not abuse one of the candidates ; he did
so by pulling Leonard Lewis by the arm and drawing his chair
from under him. The scrutiny was irregular, for the sheriff took
the whole of it upon himself and would not allow the witnesses to
share in it. Answer ends. Depositions put in by Ebenezer Wilson
were read in accordance with his petition (p. 954) and the question
being put, the House after debate resolved that the return given in
by Wilson was lawful. Message to the Governor asking that
accounts of the taxes and additional duty be laid before the House.
June 2. The Governor, at the request of the House, sent down a copy of
his commission. John Clapp delivered up his records as ordered.
June 3. Benjamin Collier attended and gave in his answer to the petition
of Josiah Hunt and others as follows (p. 960). The two persons
returned were the only candidates, whereupon I returned them.
It is true that some of the freeholders cried "We protest against
this election," but they offered no reason and named no other
candidate. It is not true that many that voted for the members
returned were not freeholders, nor that artifices were used to hinder
freedom of election. The time appointed for the election was
10 a.m. and the return was not signed till 5. Answer ends.
Resolved unanimously that Benjamin Collier's return is a just
return. The Governor's recommendations as to reconciling parties
and regulating elections were considered, and a committee was
appointed to draw up bills for that purpose.
June 4. The Committee appointed yesterday asked for further time to
draw up the bills. Adjourned to 6th. Printed. [Board of Trade.
New York, 72. pp. 941-943.]
M:iy 30. 521. Edward Randolph to Council of Trade and Plantations.
Boston. I left New York on 21st iiist. and came on the 24th to Rhode
Island, where Walter Clarke (a Quaker) who had for several years
been Governor, left the place, because he would not take the oath
enjoined by the Acts of Trade. Samuel Cranston (Clarke's
nephew) is now Governor there to the same end as Governor
Markham in Pennsylvania only to take the oaths enjoined by the
Act for preventing frauds but the management of the Govern-
ment (such as it is) is in the hands of Quakers and Anabaptists.
Neither judges, juries, nor witnesses are under any obligation, so
256 COLONIAL PAPERS.
1698.
that all things are managed there according to their will and
interest. Mr. Brenton delivered the Commission to the several
officers of the Court of Admiralty to he erected in the country,
which Mr. Clarke, the late Governor, opposed. Colonel Peleg
Sanford, judge of the said Court, went to Walter Clarke, when he
was Governor, to be sworn. Clarke took his commission from him
and carried it to the Assembly, telling them that to allow a Court
of Admiralty to be erected would utterly destroy their charter,
whereby they are empowered to erect a Court of Admiralty and
appoint its officers. Clarke absolutely refused to return to Sanford
his commission, when requested, and the present Governor likewise
refuses to administer the oath to him on the plea that he has no
authority. Not long before my landing in Ehode Island eight
pirates came in from Fishers' Island (belonging to Connecticut)
with a great deal of money and East India commodities, which
they brought from Madagascar in their brigantine, now lying at
New York. When H.M.S. Fowey arrived in Rhode Island Harbour
six of them made their escape to Boston with a great quantity of
goods and money, but two of them, George Cutler and Robert
Munday, were seized, and about .1,400 or 1,500 in silver and gold
taken from them. They are now (as the Governor tells me) in his
custody. They had not been in prison above two days when they
were admitted to bail by the Governor's order (as I am informed),
Gresham Clarke, one of the Governor's uncles, being their
security. Thus they have opportunity to make their escape, leaving
their money to be shared by the Governor and his two uncles, who
have been very great gainers by the pirates which have frequented
Rhode Island. Three or four vessels have, been fitted out from
thence to the Red Sea. Walter Clarke, the late Governor, and his
brother, now Recorder of the place, have enriched themselves by
countenancing pirates. Their deputy, John Greene, granted a
commission to one of the pirates who went to the Red Sea, without
any security given by the master. The House of Deputies being
the law-makers take no oaths or engagements ; they raise money
upon such of the inhabitants as are not freemen of their Corpora-
tion, which they have no power by their charter to do. Walter
Clarke called the people together to sign the association. He told
them that such as would might sign it, but since he himself refused
to sign it the people from his example neglected to do it. There
are many men of good estates in Rhode Island groaning under the
oppression of this lawless Government, who would do the King
faithful service if the country were either put under his immediate
Government or annexed to Massachusetts. They have offered to
allow 500 to the support of a Governor to be appointed by the
King. Till that is done it will be impossible for Lord Bellomont to
suppress illegal trade and piracy, which long have been and still
are notoriously supported and countenanced in Rhode Island.
That my statements may be confirmed I beg the Council of Trade
to order that an authentic copy may be made of all the laws of
Rhode Island (now kept in loose papers) and sent to England, after
they have first been duly compared by Colonel Peleg Sanford and
Mr. Francis Brenly, both of them men of good estates. Their
ignorance in making laws and their arbitrary execution of them will
AMERICA AND WEST INDIES. 257
1698.
then easily demonstrate that they are no way capable to govern
the people of the Colony. Signed, Ed. Randolph. Postscript.
6 June, 1698. I hear to-day that the Governor of Rhode Island
intends to appoint a Court for the trial of Cutler and Munday
(whose money he holds in his hands) and, in case no one appears
to prosecute them for piracy, to acquit them and return them their
money ; and this although the King's circular letter against piracy
has been received in Rhode Island. Walter Clarke is highly
displeased that the oaths enjoined by the Act for preventing frauds
is to be taken by the Governor of Rhode Island and also because
the King has ordered the erection of a Court of Admiralty there.
I hear that he is appointed Agent to represent the Colony's
grievances to you. They are raising money on the inhabitants to
pay his expenses. 2 pp. Endorsed, Reed. 5 Sept. Read 20 Oct.,
1698. [Board of Trade. Plantations General, 4. No. 116 ; and
34. pp. 362-367.]
May 30. 522. Memorandum of the receipt of the foregoing letter.
p. [Board of Trade. Proprieties, 2. No. 20.]
May 30. 523. Extract from a letter of the Council of Trade to Mr.
Secretary Vernon. Asking him to move the King to order ten
barrels of powder, a small quantity of cartridge-paper, and two or
three colours for the forts, to be sent to Bermuda. Signed, J.
Bridgewater, Ph. Meadows, Wm. Blathwayt, Abr. Hill. [Board of
Trade. Bermuda, 29. p. 116.]
May 30. 524. Journal of General Assembly of Massachusetts. Bills
to establish forms of writs for the General Court, to establish pre-
cedents, and to establish Ports, read a first time and committed.
May 31. The two bills first named were ordered to be engrossed and sent
to the Representatives. The Ports Bill was read a second time.
A petition of Abraham Williams for leave to appeal from the
sentence of a county justice, granted. A bill as to Pounds, received
from the Representatives, was read a first time ; also a bill for
regulating tanners, curriers, etc.
June 1. Two new Councillors were sworn. The Tanners and Ports Bills
were twice read and sent down to the Representatives. A resolution
for granting 500 acres of land to William Habberfield for his good
service in prompting the trade of cloth- working was sent down to
the Representatives.
June. The Pounds Bill was read a second time. Resolutions of the
Representatives for the stating of rates of impost and tonnage of
shipping, read. Bill to regulate cordwood read a first time. Com-
mittee appointed to inspect and report as to the making of a
township at Framingham.
June 3. A bill to revive expiring Acts was read several times and sent
down for concurrence. A bill as to highways was received from
the Representatives and voted to be engrossed. The resolutions as
to duties and tonnage were amended and returned to the Repre-
sentatives. The Cordwood Bill was read four times and sent down
for concurrence.
June 4. The Pounds Bill was read a third time. Bill to enable Abraham
Williams to appeal read, and resolved to be sent down for con-
currence. [Board of Trade. New England, 48. pp. 225-230.]
4226 K
258
COLONIAL PAPEES.
1698.
May 30.
Whitehall.
May 30.
Whitehall.
May 30.
May 81.
June 1.
June 2.
June 3.
525. Council of Trade and Plantations to Mr. Secretary
Vernon. We have pressed the Board of Ordnance for materials for
the boom in Newfoundland and have received the enclosed
answer (No. 516). Please take the King's orders herein, for
the convoy is ready to sail. We beg also for his orders to send a
small quantity of powder and one or two more articles for Bermuda.
Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Abr. Hill.
[Board oj Trade. Newfoundland, 25. p. 234.]
526. William Popple to William Lowndes. Please remind the
Treasury of the money that is required for the payment of soldiers
in Newfoundland, as the convoy is ready to sail. 1,000 is con-
sidered sufficient. [Board of Trade. Newfoundland, 25. p. 235.]
527. Journal of Council of Trade and Plantations. Mr.
Pulteney's letter of the 28th inst. read (No. 516). The Board at
once wrote to Mr. Vernon thereupon, and gave orders to the
Secretary to write to Mr. Pulteney (No. 529) and to the
Secretary of the Treasury (No. 526), upon other matters relating
to Newfoundland.
Mr. Day representing the want of stores of war in Bermuda, a
postscript was added relating to the same in the letter to Mr.
Vernon. A copy of the instructions drawn up for Governors
concerning the Acts o^ Trade was also given to him.
Mr. Blathwayt produced a letter from Increase Mather asking
that the Act for incorporating Harvard College might not be con-
sidered until he should arrive in July or August.
Business of Virginia further considered.
On the request of Edward Walrond, order was given for a letter
to the Admiralty desiring that Gabriel Maccrakan and William
Delaval, seamen of H.M.S. Newcastle, might attend the Board.
Order for the warrant for use of the new seal of Bermuda to be
delivered to Mr. Day.
Business of Virginia further considered.
A letter from Mr. Secretary Vernon read, ordering a commission
to be prepared for Colonel Nicholson to succeed Sir Edmund Andros
as Governor of Virginia.
Letter to Mr. Vernon enclosing instructions to Mr. Day for the
King's signature.
Mr. Bridgenian's letter of yesterday as to two seamen of the
Newcastle read (No. 531). Order for the Secretary to acquaint Mr.
Edward Walrond therewith, and further that if he draw up
interrogations to these men, the Board will send them to some
proper person for examination of the men upon oath.
Letter to Mr. Day signed (No. 538).
Instructions for Governor Nicholson considered.
Draft memorials for the Commodore of the Newfoundland
Squadron approved. Order for the Admiralty to be acquainted
that it is the King's pleasure that the Commodore be Cornrnander-
in-Chief during his stay there.
Mr. Vernon's letter of yesterday as to Hudson's Bay read (A T o. 537).
Order for the Company to attend on Monday.
Governor Nicholson's instructions further considered. [Board of
Trade. Journal, 11. jy. 81-88.]
AMERICA AND WEST INDIES.
259
1698.
May 81.
May 81.
Whitehall.
May 81.
Jamaica.
June 1.
Admiralty
Office. '
June 1.
Whitehall.
June 1.
528. Mr. Secretary Vernon to Council of Trade and Plantations.
Sir Edmund Andros having resigned the Government of Virginia,
the King is willing to comply therein and has appointed Colonel
Francis Nicholson to succeed him. You will therefore prepare a
commission and instructions. Signed, Ja. Vernon. p. Endorsed,
Reed., Read 1 June, 1698. [Board of Trade. Virginia, 6. X<>.
45 ; and 37. p. 208.]
529. William Popple to John Pulteney. I enclose an
account of the provisions lately sent to Newfoundland by the
Victualling Board to be transmitted to the master-gunner, whom
the Ordnance Board have appointed to be store-keeper. I enclose
also a copy of instructions from the Victualling Board as to the
distribution of these provisions in the intended proportion. [Board
of Trade. Newfoundland, 25. p. 235.]
530. Governor Sir William Beeston to William Popple. I
have received yours of 23 February, and have noted your
directions ; but the ream of paper, which you mention, has not yet
reached me. There are several Acts which have not received the
Royal assent ; it will be a favour to the island if you will lay them
before the Council of Trade for that end, though indeed the Act of
the 7th and 8th of the King has made all our laws so precarious
that no man knows how to act by them or if he can be justified by
anything he does in them, which puts all people to a stand and will
cause many to leave the place as fast as their circumstances will
allow them. Instead of encouraging the island, which it needs
after so many and great losses, it will discourage the settling of it ;
so that it will not be able to defend itself, but will remain an easy
prey to any considerable invader. Since I cannot remedy this, I
must acquiesce in it. Signed, Win. Beeston. Holograph. % p.
Inscribed, Reed. 2nd, Read 3rd August, 1698. [Board of Trade.
Jamaica, 8. No. 89 ; and 56. pp. 211-212.]
531. William Bridgeman to William Popple. In answer to
yours of 31st ult., H.M.S. Newcastle is at Plymouth, where she is to
be laid up. If the Council of Trade desires that the two men
mentioned in your letter should attend them, the Admiralty will
give orders for the same, upon your letting me know. Signed, Win.
Bridgeman. p. Endorsed, Reed., Read 2 June, 1698. [Board
of Trade. Leeward Islands, 5. No. 82.]
532- Council of Trade and Plantations to Mr. Secretary
Vernon. Forwarding certain instructions drawn up by the Com-
missioners of Customs for the Governor of Bermuda, for the Royal
signature. Sinned, J. Bridgewater, Ph. Meadows, Win. Blathwavt,
Abr. Hill. [Board of Trade. Bermuda, 29. p. 118.]
533. Minutes of Council of Virginia. The Duke of Shrews-
bury's letter of 25 September, 1697, was read, and orders were given
for publishing the Royal proclamation against pirates. The letter of
23 February, 1698, from the Council dtf Trade, was read, and orders
were given for publishing the Royal proclamation to prohibit the
King's subjects from entering the service of foreign princes. Order
for discharge of a ship-master's bond. The further consideration of
260
COLONIAL PAPERS.
1698.
June 1.
June 2.
June 2.
Islington.
June 2.
Whitehall.
June 2.
Whitehall
the revision of the laws was deferred to next Council. On the
question of a Ports Act the Council resolved that the appointing
of places for the loading and unloading of ships answers the purpose
of such an Act. [Board of Trade. Virginia, 53. pp. 122-124.]
534. Minutes of Council of New York. The joint Address,
of congratulation and thanks to the King, was approved and
signed by the Governor, Council and Assembly. The Governor laid
before the Council the arrears of money due to the Victuallers for
the subsistence of the King's Companies and their immediate need
of 300. Eesolved to advance that sum from the King's revenue
on the credit of the subsistence due ; and a warrant was issued for its
payment accordingly. On the request of the Assembly for the
accounts of the additional duty and taxes, orders were given for
the same to be drawn out and presented to them. [Board oj Trade.
New York, 72. pp. 99-102.]
535. Minutes of Council of Antigua. Orders for Richard
Buckeridge and Samuel Martyn to attend next Council and answer
complaints against them. [Board of Trade. Leeward Islands, 64.
p. 260.]
536. Edward Walrond to William Popple. Since the Council
of Trade accept the depositions of Gabriel Maccrakan and William
Delavall, as authentick, I have no more to ask of these witnesses. My
reason for proposing to send for them was that nothing might be
objected to the validity of their evidence, and indeed (considering
with whom I have to deal) my circumstances would not admit me to
take those strict methods which are necessary in a judicial process.
Signed, Edward Walrond. % p. Endorsed, Reed. Read 6 June, 1698.
[Board of Trade. Leeward Islands, 5. No. 83.]
537. Mr. Secretary Vernon to Council of Trade and Planta-
tions. The Hudson's Bay Company having applied to the King
that the Governor whom they are sending thither may have a Com-
mission like to that which was granted by King James II., I enclose
a copy of that Commission for your opinion whether any alterations
therein are necessary in consequence of the late treaty. Signed,
Ja. Vernon. J p. Endorsed, Reed. Read 3 June, 1698. Enclosed,
537. i. Copy of King James II. Commission to the Governor
of Hudson's Bay Territory. 13 May, 1688. I p. [Board
of Trade. Hudson's Bay, 2. No. 22, 22 1. ; and (without
enclosure) 3. p. 70.]
538. Council of Trade and Plantations to Governor Day.
The time of your departure being now at hand, we shall send you
the new public seal for Bermuda, copy of a memorial relating to
the public lands in Bermuda, a copy of the Treaty of Madrid,
certain instructions from the Commissioners of Customs, the
proclamation forbidding the King's subjects to take service with
foreign princes, and a copy of the Jamaica Act for restraining and
punishing pirates. You will use your utmost endeavours to procure
the passing of a like Act in Bermuda. Signed, J. Bridgewater,
Ph, Meadows, Wm. Blathwayt, Abr. Hill. [Board of Trade,
Bermuda, 29. pp. 119-122.]
AMERICA AND WEST INDIES.
261
1698.
June 2.
June 3.
June 3.
Whitehall.
June 3.
June 3.
June 4.
June 4.
June 4.
Whitehall.
539. Commission to Captain John Norris, Commander-in-
Chief of the convoy to Newfoundland, empowering him to take
command of the forts and soldiers and to inspect the provisions
and stores there during his stay. Copy. 1 pp. Endorsed, Reed.
Read 21 June, 1698. [Board of Trade. Newfoundland, 3.
No. 117 ; and 25. p. 249.]
540. Blank Commissions for the Lieutenant and Ensign of
the Company appointed for the garrison of Newfoundland. Each,
1 p. Endorsed, Reed. 21 June, 1698. [Board of Trade. New-
foundland, 3. Nos. 118, 119 ; and 25. pp. 250-251.]
541. Mr. Secretary Vernon to Council of Trade and Planta-
tions. The King has granted a Commission to Captain Norris to
have the direction of the forts and supervision of the stores at
Newfoundland during his stay there, pursuant to your representa-
tion of the 26th ult. Signed, Ja. Vernon. p. Endorsed, Reed. 4,
Read 6 June, 1698. [Board of Trade. Newfoundland, 3.
No. 120 ; and 25. p. 236.J
542. Receipt of Governor Day for the public seal of Bermuda.
Sif/ned, Sam. Day. Scrap. [Board of Trade. Bermuda, 3. No.
25.]
543- Minutes of Council of Massachusetts. John Valentine
appointed to act as public notary in the absence of Sampson
Sheafe. A judge of probate and two county justices appointed.
[Board of Trade. New England, 49. p. 154.]
544. Minutes of Council of Maryland. The ream of paper
sent by Mr. Popple was lodged at the Council office. Order for a
messenger to be sent to Lord Bellomont. Philip Lynes reported
that the poor people were flocking to the cold springs in St. Mary's
County, from whence extraordinary cures were reported. The
Governor sent ten Bibles for their use there and other books of
devotion, and offered to pay one shilling a day to some sober person
to read prayers there twice daily, and to give a reading desk and
benches also, and to give the poor people every Sunday a mutton
and maize enough for thirteen, at his own expense. Order for the
person who reads prayers to notice who is cured and of what dis-
tempers. [Board of Trade. Maryland, 13. pp. 517-519.]
545. Minutes of Council of New York. The Governor
reported that he had received an address of welcome from
the Wappingnes and Nighquighskeck Indians. 4 voted for
presents for the said Indians. [Board of Trade. New York, 72.
p. 102.]
546. Mr. Secretary Vernon to Council of Trade and
Plantations. Forwarding a petition from George Harris for their
report. Signed, Ja. Vernon. J p. Endorsed, Reed. Read 17 June,
1698. Enclosed,
r>4<5. i. Petition of George Harris, master of the ship Swallow,
to the King. I was driven into Carolina last December
by stress of weather in a voyage from Barbados to
Virginia. My ship was then confiscated for breach of
262 COLONIAL PAPERS.
1698.
the Acts of Trade. My papers, shewing me to be a free
denizen of England, were all seized and only part of
them restored at my departure. I can produce your
letters patent, an affidavit and certificates that I am a
denizen. I beg that you will signify the fact that I am
a denizen to the Court of Admiralty in Carolina, that
I may indemnify myself. 1 p.
546. n. Affidavit of George Harris that he is a denizen of
England ; and a certificate, with ten signatures, to the
truth of the same.
546. in. Certificate of a notary public that he has seen George
Harris's letters of denization. 1 p. [Board of Trade.
Proprieties, 2. Nos. 21, 21 i.-m. ; and (without enclosures
ii., m.) 25. pp. 206-208.]
June 4. 547. Governor Sir William Beeston to Council of Trade and
Jamaica. Plantations. I regret to have to trouble you with a relation upon
an envious subject. Not long after I came to this Government
Sir James Castillo (who had been administrator to the last Assiento
and thereby settled himself wholly here) bought a piece of land and
resolved to build a good house on it. Finding it to be situated in
the pass from the east part of the island to St. Andrews, he moved
that at his own charge he might build it fort- wise for the preserva-
tion of his family from privateers, and also for the assistance of the
country. The Council and indeed the country thought the
proposal generous as well as useful, and therefore moved that he
might have a patent under the great seal to embattle the house and
gun it. Mr. Brodrick either drew the patent himself or caused it
to be drawn, and solicited it for Sir James. This done, a little
before Mons. Ducasse's descent on the island, Sir James Castillo
asked me, since he had been at so much charge for the building, to
give him a commission as captain to command it. This I thought
reasonable, and accordingly he took the usual appointed oaths to
the King, but asked that he might not be obliged to read and sign
the declaration, being a Roman Catholic. I gratified him, knowing
that his all was here, that he had been at great cost and charge,
and that he looked upon himself as the King's subject, being both
naturalised and knighted, and besides I conceived that the King
had several Roman Catholic officers in the army who had sworn
fealty but would not sign the declaration. Moreover, I reflected
that he had no men to defend the fort of his own but negroes,
besides such troops as I might on occasion order into it, while the
whole country was sensible of the advantage of the fort. Soon
afterwards it was shewn to be of great use, for I verily believe that
but for that fort the French would have attempted to break by that
pass into St. Andrews, and had they done so it would have been
very hard for us to have dislodged them and might have
endangered the whole country. All people here not infected with
prejudice are sensible of this.
It so happened that Colonel Lloyd (whom I appointed Chief
Justice about two years ago) stopped and dined with Sir James on
his way to our new Bath. Sir James treated him with civility,
but after dinner when Colonel Lloyd went away, Sir James (whether
AMERICA AND WEST INDIES. 263
1698.
by chance or design I know not) did not wait on him to his stirrup,
at which (being naturally very ambitious and envious) he took such
a pet that he meditated revenge as an opportunity presented. The
two happened to meet in March in a tavern in this town, when
discourse brought on words and thence ill-language, so that in the
dispute Sir James brake his head. Incensed at this, and being also
Chief Justice, Colonel Lloyd ordered Sir James to be secured and
committed. I used my endeavours to pacify them, but could not
prevail, so Sir James lay in prison all night. Next morning he
came to me with the Marshal and said he was not willing to stay
there longer, but desired to be delivered and to go home. There-
upon, on his own parole and Major Heathcote's promise that he
should appear at the next Grand Court, I ordered the Marshal to
discharge him. At this Colonel Lloyd took such a pet at once, that
he has ever since been studying to do me all the harm he can ; and
because he thinks that Mr. Brodrick has friends in England who
can be of service to him he has engaged him in his design ; and
this was their reason of their treating me as they did over the oath
to the Act for regulating the Plantation Trade. The better to carry
on their design against Sir James and to wound me through his
side, Mr. Brodrick, at a Council of 25 May last, read the paragraphs
of the Act about the oaths and declaration, and then made harangue
that Sir James Castillo had built a fort, had a patent for it and a
commission to command it, yet had not signed the test. Of this,
said Mr. Brodrick, he was bound as Attorney-General to take notice ;
and therefore the commission ought to be taken away and the fort
dismantled (which same fort he had solicited four years before).
At this envious motion the Council was much disturbed, and I
asked him why he had not moved this four years ago since he
thought it so much for the King's service. To which he answered
that he had not taken so much notice of the Act before, which
was only a fallacy in him. Sir James hearing of the motion
came to me and told me he thought I held him to have
behaved as a good subject, and was sorry that private pique
should cause so much spite to him and me and the country in
general, but that nevertheless, if I ordered it, he would bring me
his commission, throw down the battlements, turn out the guns
and dismantle the fort. I thought it, however, unreasonable to
sacrifice a thing so useful to the country to private pique and
revenge, and therefore resolved to lay the whole matter before you,
after which, if the King resolved that the fort should be dismantled,
this should be done. Pray represent the matter to the King, for
the fort is of great use and importance to the country and of no
charge to it. I think Mr. Beckford and Mr. Broughton of the
Council are both in England, who can give you a character of the
services of Sir James and of the usefulness of the fort, as well as
of the two gentlemen who so eagerly desire the razing of it in order
to gratify their humour. Colonel Lloyd has gone home in these
ships, being indisposed, and Mr. Brodrick talks of going soon after.
By some friends that I have set to work, Colonel Lloyd and Sir
James are now reconciled, but I find their ill design continues
against me. For my part I have made it my whole study ever
since I have been here to serve the King faithfully in all things,
264 COLONIAL PAPERS.
1698.
according to the best of my understanding, therefore I cannot
conjecture what they will say of me and at present can say nothing
in my defence. But I hope that the reports of designing men may
not be taken for granted against me till my justification has been
heard, when I doubt not that I shall not only answer any charges
myself but send clouds of testimony in my vindication, and shew
the insidiousness of these gentlemen, of whose characters I shall
say no more at present than that the country will think itself easy
and happy when they are both gone. Signed, Wm. Beeston. 2 pp.
Endorsed, Becd. 2nd. Read 3rd August, 1698. [Board of Trade.
Jamaica, 8. No. 90 ; and 56. pp. 212-219.]
June 5. 548. Minutes of Council of Jamaica. The prosecution of
Henry Archbold and others for not taking the oaths appointed by
law was stayed in consideration of their good service during the late
war, until the King's pleasure should be known, on their giving
security for good behaviour and to take their trial at next Grand
Court. Order for all others who refused to take the oath to be
bound over also to good behaviour. Allen Brodrick presented a
deputation from the patentee of the Secretary's office and was
sworn Clerk of Council. \_BoardofTrade. Jamaica, 79. pp. 102-103.]
June 5. 549. Governor Sir Edmund Andros to William Popple.
Virginia. "This is to pray your favour in excuse for the rude dress the laws
"are put in, we wanting all conveniences here of putting them up
"handsome having neither towns nor tradesmen to furnish us with
what we want." I have sent the ream of ruled paper to the Clerk
of Council to be given to all officers for their use and example, that
when it is spent they may provide it in like form. Signed, E.
Andros. \ p. Endorsed, Reed. 24 Sept. Read 25 Oct., 1698,
[Board of Trade. Virginia, 6. No. 46 ; and 37. p. 304.]
June 5. 550. Governor Sir Edmund Andros to Council of Trade and
Plantations. I now answer more fully your commands in your
letter of 2 September. As to pitch and tar I have made enquiry of
those who have most experience thereof, and I understand that the
tar is much hotter and more burning than that of Sweden and no
ways fit for ropes. It casts very black on wood and scorches much.
Great quantities may be made, and a certain rent is the best
encouragement. The methods for checking illegal traders are
through the officers of the customs in their several districts and a
small King's frigate appointed for this Government. The methods
desirable for more effectual prevention of illegal trade are that
particular places should be appointed for the loading and unloading
of goods. I have consulted the Council as to your remark concern-
ing the Ports Act and as to a draft Act to suit present circumstances,
but the members present being few, the matter was adjourned to a
fuller Council. As to the number of ships and seamen (as perfect
as can be known) there belong to Virginia four ships, two barques,
four brigantines, and seventeen sloops. There are no seamen
belonging to the Government; the few that settle turn planters
and leave the sea wholly, and will rarely go masters, though capable.
No part of the country makes naval stores for sale except Elizabeth
River, where there is annually made about 1,200 barrels of tar and
AMERICA AND WEST INDIES. 265
1698.
pitch, which they burn out of knots of old fallen trees, they being
not willing to be put out of their way and having no artists to under-
take it, as has been experienced by money given to encourage the
making of rosin from turpentine of growing pines, which yield as
plentifully or more than those in Europe. Masts may be had and
are usually taken every year by vessels for their uses, but they are
not so good as in New England and are not fit for sale. I have
reported that I have directed copies of the laws in force
to be compiled into one body. I cannot find that any
laws were confirmed by the King, though it is common
discourse that the Act of Indemnity, the Act for Naturalisation
and the Act for the two shilling per hogshead duty, all of the year
1680, were sent here ready prepared by the King's orders and
passed here with alterations. The laws now in force, and an
account of others expired or repealed, are sent herewith. On the
17th of May last I received yours of 23 February with the pro-
clamation prohibiting the King's subjects from entering any foreign
service. It has been duly published, but the question of an Agent
was deferred by the Council to a fuller meeting. Your orders as to
rules and methods in all writing have been communicated to all
officers. Having been often indisposed since my great sickness and
now not well I beg your favour for my endeavours. All is well
here, though some sickness continues in the northern parts.
Signed, E. Andros. 2 pp. Endorsed, Eecd. 24 Sept. Bead 25 Oct.,
1698. [Board of Trade. Virginia, 6. No. 47 ; and 37. pp. 305-308.]
June 6. 551. Governor Sir William Beeston to Council of Trade and
Jamaica. Plantations. Yours of 23 February and 21 March and the copy of
your report as to Admiral Nevill's complaint have come to my
hands. For that report and for your labour and justice therein I
humbly thank you. The complaint was but a malicious one, and not
the only one that I have had the misfortune to have cast upon me
since I have been in this post. Since the Governor and Council
can dispose of all money there will be no need for the Assembly's
approbation in Mr. Tyrrell's case ; when therefore the Council has
given its decision I will report it to you. I have duly published
the King's proclamation forbidding his subjects to take service with
foreign princes. Colonel Beckford's dormant commission has not
yet arrived ; being in England he will probably address you con-
cerning it. I have returned the money which I took from the
subsistence fund for victualling the ships, and have drawn bills on
the Victualling Office for the money which I advanced myself,
when my friends lent me money until I could repay it. I have
twice sent the accounts of what I have received and paid
on account of the regiment to the Treasury, but have as yet no
notice of their receipt and approbation of it, at which I am much
concerned. I beg your favour and assistance herein. It is reported
here that the King of Spain is dead. If this be true I fear we shall
have a warm war again in these parts, and then the intelligence
which you have directed from the Windward Islands may be useful.
Since the peace there have been some servants sent to this island
from England and Ireland. People were very remiss in taking
them off because they were held at first at a pretty high rate,
266 COLONIAL PAPERS.
1698.
wherefore I published a proclamation throughout the island that
white servants were to be had and that those who neglected to furnish
themselves according to the Act should be proceeded against for the
penalty prescribed. This carried them off, and is all that a
Governor can do, for it is impossible that the people can be
furnished with white servants here if they are not sent to us from
England. I have already answered your remarks as to pirates, that
none are here, except some French who prey upon us, nor shall be
suffered to come here. Nevertheless I am much pleased to find
that this island, which formerly had the greatest name for
privateering in these parts, should now have its laws made an
example to the rest of the King's dominions.
The Portuguese have agreed with the Spaniards for the Assiento
for introducing negroes into the Spanish West Indies, and have sent
one of their factors hither, who is desirous to settle Sir James
Castillo (who managed the last Assiento for Don Nicholas
Porcio) in the same business for them. He has petitioned me
about it, and I have answered it as you will see at the foot of the
petition, that having no orders from the King I can do nothing
until I receive them. Pray lay the petition before the King for
that purpose. Here are some gentlemen some of them of good
interest who still refuse to take the oaths for conscience sake (as
they say), yet promise all obedience to the King's laws and govern-
ment. They have been bound from time to time by the Grand
Courts, and the Judges believing them to be peaceable men have
deferred tendering them the oath, being positively unwilling to
exert the extremity of the law on them and thereby ruin them and
their families. They have therefore decided that these gentlemen
should apply themselves to the Council, who have advised to defer
the utmost rigour of the law until the King's pleasure be known.
I send the Minutes of the Council on the subject to be laid before
the King. The persons are all bound in great security from Court
to Court till the King's pleasure be known. The country is in a
very good state of health. Some seamen now and then drop off,
but more through their own intemperance and irregularities than
any fault of the place. I hope it will so continue, though the hot
months, that use to be so sickly, are now coming upon us. Signed,
Wm. Beeston. Holograph. 2 pp. Endorsed, Reed. 2nd, Read
3rd August, 1698. Enclosed,
551. i. Petition of Sir James del Castillo, knight, to Governor
Sir William Beeston. In the reign of King Charles II.
I held the Assiento for Don Nicholas Porcio and
obtained several privileges from King Charles and King
James in that office. Since Porcio's death the King of
Spain has agreed with the African Company of Portugal
for the Assiento, which Company has offered the
management of it to me. Their agents, however, have
brought no authority from the King for me to undertake
it, without which I cannot do so. I beg you to
recommend my acceptance of it to the King, and that
meanwhile I may proceed with it, under such restrictions
as you think best. Large sheet, subscribed,
AMERICA AND WEST INDIES. -KM
1698.
I have no commands as to the Assiento, though I can
testify that it would be most advantageous to Jamaica.
I shall encourage and assist the Assiento so far as
consists with the Acts of Trade and Navigation, and
recommend the petition to the Council of Trade and
Plantations. Signed, Wm. Beeston. 31 May, 1698.
Endorsed as the letter. [Board of Trade. Jamaica, 8.
Nos. 91, 91 1. ; and (without enclosure) 56. pp. 220-225.]
une 6. 552. Journal of General Assembly of Massachusetts. A
Trespass bill was read a first time. The Tanners bill was debated.
une 7. The Trespass bill was read thrice and sent down for concurrence.
Bill to prevent the receiving of stolen goods read thrice and ordered
to be engrossed. The Highways bill, the bill to revive expiring
laws, the bill for writs for the General Assembly, and the Tanners
bill were passed into Acts. Bill for inspecting and suppressing of
disorders in licensed houses read a first time.
'une 8. Bill re-enacting a former law as to forcible entries read and sent
down for concurrence, also an additional bill to the Act for regulat-
ing townships. Two orders of the Representatives for payments
agreed to. Pounds bill again read and ordered to be engrossed.
Bill to establish precedents passed into an Act. Resolution making
Andover a frontier-town during the present rebellion of the Eastern
Indians agreed to. The hearing of a case appointed for this
session was postponed till next session.
rune 9. A bill to enable William Peabody to appeal to the Superior
Court was read and sent down for concurrence. A bill as to
Strays, received from the Representatives, was read a first time.
Bill to regulate butchers read a first time.
une 10. The Pounds bill was passed into an Act. The Butchers bill
read twice and sent down for concurrence. Resolution of the
Representatives for a payment for billeted soldiers agreed to.
Trespass bill passed into an Act.
une 11. Bill for relief of poor prisoners for debt read a first time, also a
bill to prevent the firing of woods. A conference with the
Representatives was held on certain proposals for regulating inn-
holders. [Board of Trade. New England, 48. pp. 230-236.]
Fune 6. 553. Journal of House of Representatives of New York.
Cornelius Sebringh and Cornelius Burnt took their places as
members for King's County. The Committees appointed to
examine the Accounts and to prepare bills for conciliation and for
regulation of elections asked for more time.
Fune 7. John Woglom took his seat for Richmond County in place of
John Teunison. Two bills for reconciling parties and regulating
elections brought in, but the House disagreed as to reading the
former a second time. Resolved unanimously to address the
Governor for a joint Committee to draw up a bill for reconciling of
parties.
Tune 8. A Remonstrance was brought up and read as follows (p. 961).
We the six members undersigned are Representatives elected without
dispute. The returns of several other sheriffs have been called in
question by petitions, yet the members, whose election has been
thus disputed, have sat in the House and have constituted
268 COLONIAL PAPERS.
1698.
orders how their own elections should be tried, and have prevented
complainants from being heard and excluded several legal sworn
members. The Speaker, Mr. Philip French, has been so insolent
that during the dispute about his own election he continued in the
House, argued his own case with threats and reproachable
language against the Representatives, and put the question about
the justice of the sheriff's return himself. We judge that by such
proceedings the rights and privileges of Assemblies are overturned,
and we cannot sit with the disputed members aforesaid until the
disputes have been decided by the Governor in Council. Signed,
Reyer Schermerhorne, Jan Woglom, Jan Fansen Bleeker,
Cornelius Snebernigh, Cornelius van Brunt, Thomas Mergan.
Resolved that the said remonstrance be rejected. Messages from
the Governor as to a joint Committee to prepare a bill for
reconciling parties, and as to certain amendments proposed by
William Smith to the Revenue Act. Members for the joint
Committee appointed.
June 9. The Committee reported that they had agreed upon the heads of
a bill for reconciling parties. Bill for regulating elections thrown
out on second reading ; and order given for drawing up a new bill.
Note. On this day there was presented to the Governor by the six
remonstrant members a petition (p. 961) setting forth that since
the rejection of their remonstrance they had withdrawn from the
House, but had heard that the majority were resolved to imprison
them, and therefore praying the Governor to dissolve a lawless and
corruptly elected Assembly.
June 10. The Committee of Accounts presented its report, shewing the
arrears of taxes due to be 2,286, and the sum in the Receiver
General's hands on account of the additional duty to be 1,592.
June 11. Bill for reconciling of parties brought in and read a first time.
The Governor summoned the House to attend him and caused the
petition presented to him by six members yesterday to be read. He
then said that the matter was not cognisable by him, he being
tender of the privileges of the House, and did therefore recommend
the petitioners to return to the country's service in the House. The
House then returned, and the bill for reconciling parties was read a
second time. The seceding members appeared and said they could
not sit and act as members at present, but desired further time for
consideration. Adjourned to 13th. Printed. [Board of Trade.
New York, 72. pp. 943-946.]
June 6. 554. Journal of Council of Trade and Plantations. Mr.
Secretary Vernon's letter of 3rd inst. as to Captain Norris's
commission for Newfoundland read (No. 541). Captain Norris
attending was acquainted with what the Board was preparing for
him, and promised to report the progress made in the various
offices therein.
Some of the Hudson's Bay Company attended, and desired
alterations in the commission as granted to their Commander by
the late King. Ordered accordingly that a new commission be
drawn.
Mr. Walrond's letter of 2nd inst. read.
June 7. Draft Commission for a Governor in Hudson's Bay agreed upon
and sent to Mr. Secretary Veruon.
AMERICA AND WEST INDIES.
269
1698.
Mr. Stoughton's letter of 21 April last received and read.
Memorials from Captain Norris read ; and orders given to the
Secretary as to letters to be written to the Secretary of the Treasury
and to the Commissioners for Transport (Nos. 555, 556).
The Secretary reported the receipt of Mr. Day's instructions
signed by the King. [Board of Trade. Journal, 11. pp. 88-92.]
555- William Popple to the Commissioners for Transporta-
tion. In reply to yours of 20th ult. (Xo. 484). The Council of
Trade sees no occasion for detaining in Newfoundland any of the
transport-ships employed in last year's expedition, and desire that
you will take care for them to be discharged. [Board of Trade.
'Newfoundland, 25. pp. 286-237.]
556. William Popple to William Lowndes. Please inform
the Lords of the Treasury that the Council of Trade recommend
that the money for Newfoundland be placed in the hands of Captain
Norris, who has been appointed Commander-in-chief during his
stay there. The Board of Ordnance has commissioned the master-
gunner to be store-keeper there for both provisions and ordnance
stores. Please let him have a commission as Commissary of
Victuals from the Treasury or the Paymaster of the Army. [Board
of Trade. Newfoundland, 25. pp. 237-238.]
557. Memorandum of matters and documents communicated
to Captain Norris for his guidance on arriving in Newfoundland.
[Board of Trade. Newfoundland, 25. pp. 238-240.]
558. Council of Trade and Plantations to Mr. Secretary Vernon.
We cannot alter the draft commission sent to us by you with yours
of 2nd inst. in accordance with the Treaty of Peace, for the exchange
between us and the French of the places belonging to each has not
yet been effected. We have therefore, as a temporary measure.,
restrained the Governor's power to such places only as shall be
found in the possession of the Hudson's Bay Company. Signed,
J. Bridgewater, Wm. Blathwayt, Ph. Meadows, Abr. Hill.
Here follows the copy of a commission to be granted to James
Knight to be Governor of the Hudson's Bay territory, with power
limited as aforesaid. [Board of Trade. Hudson's Bay, 3.
pp. 71-73.]
559. Journal of Assembly of Barbados. On the petition of
Major Garth a former resolution of the House as to arrears and
allowances to officers was explained, and the Council's concurrence
in a payment to him and to his Lieutenant was requested. The
Committee on Mr. Edwards's papers asked for further time before
reporting ; and 50 was voted to Mr. Edwards for his good service
and towards the expense of his passage to England. [Board of
Trade. Barbados, 65. pp. 293-294.]
560. Minutes of Council of Massachusetts. John Valentine
took the oaths as acting Notary Public. Lease granted to Richard
Payne to add to his dwelling-house in Boston. [Board of Trade.
New England, 49. p. 155.]
270 COLONIAL PAPERS.
1698.
June 7. 561. Minutes of Council of New York. On the report of the
murder of an Onandaga Sachem by an inhabitant of Albany, the
Council was of opinion that the trial of the murderer be deferred
till the Governor meet the Five Nations at Albany. Sundry ships
being bound for Madagascar the Governor proposed to take a bond
of 2,000 for each vessel from the owners that the said ships should
not trade with pirates. The Council dissented. The Governor
argued for his proposal, instancing the recent Royal orders against
piracy, the late seizure of a ship for unlawful trade with Madagascar,
and the bad reputation of New York for countenancing pirates ;
and the Attorney General supported his reasoning. The Council
held it impracticable to impose any bonds on ships beyond those
authorised by Act of Parliament, and proposed that the matter be
referred to the Assembly. On the deposition of Edward and
Hannah Earle William Pinhorne was suspended from his offices of
Councillor and Judge for speaking scandalous words of the King.
Chidley Brooke was also suspended from all his offices for neglect of
his duty as Collector of Customs. Colonel van Cortlandt and Thomas
Monsey were appointed Commissioners to act as Collector in his
place. The Governor directed the entry in the Council book of a
report by Edward Randolph, of 21 May, 1698, shewing that he had
found false cockets among Brooke's papers and evidence of his
unwarrantable discharge of a ship libelled for illegal trade with
Scotland, and adducing also Brooke's crooked dealings in the
seizure of the ship Fortune, and the evidence of his maladministra-
tion given by the decrease of revenue notwithstanding the increase
of trade.
June 8. Members appointed for a joint Committee to draw up a bill for
reconciling of parties. Colonel Smith proposed to recommend to
the Assembly the following considerations, viz,, that the Act
for establishing Courts of Judicature will expire in October next,
that the constitution of the inferior Courts of Common Pleas in
the counties is inconvenient and delays justice, and that drunkenness
and debauchery cannot be suppressed by authority as they ought,
owing to want of explanation of certain clauses in the Revenue Act
relating to Excises and the suppression of unlicensed tippling-
houses. The Council agreed, and the management of the matter
was committed to Colonel Smith. On the petition of George
Phillips, minister of Jamaica, the persons complained of were
summoned to appear on the 16th inst. The Governor proposed to
add 20 per annum to the salary of Mons. Perett, French minister
of New York, who has but 100 from the people and a great
family of male children, also 30 to M. Boudet, minister of New
Rochelle, who has but 20 per annum, which was agreed to. The
Governor promised to advance the money from the King's share of
the late seizure, in view of the complaint of some of the Council
as to the emptiness of the Treasury. The petition of Joseph Smith,
gunner, for his pay was referred for examination.
June 9. The Council agreed to a vote of 501 for presents to the Indians,
the Governor promising to provide the powder and lead, to the
value of 100, from the King's stores. 200 voted for the expense
of the Governor's journey, and the management thereof as well as
the provision of presents entrusted to Robert Livingston. The
AMERICA AND WEST INDIES.
271
1698.
June 8.
June 9.
Transport
Office.
June 10.
Antigua.
June 10.
Antigua.
Council concurred with a proposal of the Governor for finishing the
buildings in the fort, and the Council further proposed that the
gate-house be made higher, so as to let the Governor's coach pass
under, appointing two members to make estimates of the materials
and of the cost. Petition and remonstrance of six Representatives,
who have withdrawn from the House, read, and consideration
thereof deferred till to-morrow.
The Speaker and Representatives were summoned, when the
Governor caused the remonstrance of six of the members to be read,
and having said that the matter was not one in which the Council
could interfere, urged the House to moderation. The Governor and
Council agreed that the Judge of the Admiralty Court should
receive 7 per cent., and the Advocate 5 per cent, on all ships and
goods condemned, and ordered them to draw up a scale of fees
for the inferior officers of the Court. [Board of Trade. New
York, 72. pp. 102-111.]
562. Receipt for certain orders and instructions prepared by the
Commissioners of Customs for delivery to Governor Day. Signed,
John Williams. Scrap. [Board of Trade. Bermuda, 3. No. 26.]
563. Commissioners of Transport to William Popple. We have
received yours of 7th inst. as to the discharge of the transport-ships
detained at Newfoundland. We do not know that any were detained
except the John and William, as to which we are informed that the
Governor did not need the provisions in her, so did not give the orders
for which the master applied to unload her. Believing that this ship
cannot be unladen and discharged without a letter to the Governor
we beg that the Council of Trade will send him the necessary orders.
We will write to the master to apply to the Governor for his
despatch. Signed, Sam. Atkinson, Tho. Hopkins, p. Endorsed,
Reed. Read i5 June, 1698. [Hoard of Trade. Newfoundland, 8.
No. 121 ; and 25. p. 242.]
564. Governor Codrington to Council of Trade and
Plantations. I have received duplicate of the order to restore
the French part of St. Christophers. Besides St. Christophers we
reduced in the late war St. Eustatia, St. Bartholomews and
St. Martins. The first, which we recaptured from the French
who had taken it from the Dutch, was restored to the Dutch some
time since. The other two I was compelled to keep and to remove
the French inhabitants from them, lest they should shelter the
enemy's privateers ; for all homeward-bound ships from
Montserrat, Nevis and St. Christophers were bound to pass by
these islands and often became a prey to the enemy that lurked
there. These islands are not mentioned in the King's Commission,
and I conceive that I ought not to restore them without his
express commands. Signed, Chr. Codrington. 2J pp. Endorsed,
Reed. Read 21 July, 1698. [Board of Trade. Leeward
Islands, 5. No. 84 ; and 45. pp. 224-225.]
565. Governor Codrington to William Popple. To the same
purport as the preceding, but mentioning that St. Bartholomews
and St. Martins are used by poor people to breed cattle in. 1 pp.
[America and JfVsf Indies. 551. Xo. 88.]
272 COLONIAL PAPERS.
1698.
June 10. 566. Minutes of Council of Massachusetts. Divorce from
his wife granted to Nicholas Cock on her confession of adultery.
Order for payment of a Sheriff and his assistants for seizing two
Indians suspected of confederacy with rebels. [Board of Trade.
New England, 49. pp. 155-157.]
June 12. 567. Minutes of Council of Massachusetts. Intelligence being
brought of an intended French attack on Deerfield and elsewhere
on the frontier, it was ordered that two companies be raised and
sent to the frontier, also that notice be given to Lord Bellomont to
restrain the River Indians from crossing to east of the Hudson or
to transport them to some of the western castles of the Five Nations.
June 13. Order for payment of j700 to the Treasurer at War for victual-
ling the garrisons and soldiers, and for incidental expenses. [Board
of Trade. New England, 49. pp. 157, 158.]
June 13. 568. Lieutenant-Governor Partridge to Council of Trade and
New Hamp- Plantations. Forwarding copies of the laws passed and of the
shire. Minutes of Council since his arrival. Signed, Wm. Partridge.
p. Endorsed, Reed., Read 18 July, 1698. [Board of Trade.
New England, 9. No. 28; and 37. p. 12.]
June 13. 569. Journal of House of Representatives of New York. The
House met and adjourned till to-morrow.
June 14. Bill for reconciling parties read a third time, passed and ordered
to be sent up to Council. In the afternoon the Governor summoned
the House, and caused a protest addressed to him by the six
remonstrant members to be read as follows : In pursuance of your
counsel we returned to the House asking for satisfaction for our
remonstrance, which the Speaker with great violence denied, while
others told us that we deserved to be hanged, if we were in England,
and that our counsellors were villains and rogues. We therefore
withdrew from the House, leaving a protest (p. 962) against all its
proceedings, and we beg that the country may not be bound by any
Acts or resolutions of the pretended members now sitting. The
Governor then dissolved the Assembly. Printed. [Board of Trade.
New York, 72. pp. 948 and 963-964.]
June 13. 570- Journal of General Assembly of Massachusetts.
William Peabody's bill and the bill against receiving stolen goods
were passed into Acts. Strays bill read a second time.
June 14. Strays bill read a third time. Poor debtors bill read twice, and
sent down for concurrence. Resolution of the Representatives for
rewarding an Indian agreed to. Bill explaining the law as to
inhabitants and qualifications of electors read twice and sent down
for concurrence. Address from the Fellows of Harvard College,
asking for assistance for their President's voyage to England to
solicit the confirmation of the late Incorporation Act, read and
rejected. Three resolutions of the Representatives as to making
the west end of Watertown a separate parish, as to a dispute
between the people of Salem and of Topsfield, and as to a petition
for exemption of a precinct from paying rates, were agreed to.
June 15. The Strays bill passed into an Act. Address of thanks to the
King for sending out Lord Bellomont passed. Bill for duties of
impost, excise and tonnage received from the Representatives and
read a first time,
AMERICA AND WEST INDIES. 273
1698.
June 16. Additional bill to the Fences Act received from the Representa-
tives and twice read. Bill for impost read a second time and
debated.
June 17. Bill for abating arrears of taxes to several towns received from
the Representatives and agreed to. Bill for inspection of licensed
houses read a second time and ordered to be engrossed. Resolved
that conferrers be appointed to meet some of the Representatives
over the matters in difference in the Impost bill. Order for credit
to be given for certain unendorsed bills of credit. Resolution of
the Representatives for a payment to a prisoner released from
Canada agreed to. Additional bill to the Fences Act read a second
time and debated.
June 18. The bill last named was again read and sent down for concur-
rence. Draft letter from the Council and Assembly to Lord
Bellomont agreed to. The Committee appointed to discourse Mr.
Bridger concerning naval stores presented its report. [Board of
Trade. New England, 48. pp. 236-242.]
June 14. 571. Minutes of Council of New York. Order for a warrant
to require Chidley Brooke to transfer all public money in his hands
to Colonel van Cortlandt. The Council left it to the Governor to
appoint an Agent for the province in England. The Governor
announced that the heats in the Assembly were such that the King's
business was altogether obstructed, and that he should dissolve the
Assembly. A protest of the six remonstrant members was read.
The Speaker and Representatives were then summoned, and the
Governor after a short speech alluding to their strife, divisions and
unwarrantable proceedings, dissolved them. [Board of Trade.
New York, 72. pp. 110-111.]
June 15. 572. Memorial of Ralph Marshall to Council of Trade and
Plantations. Asking that a letter of revocation may be sent for
Sir Edmund Andros, as has been usual in like cases, and particu-
larly in that of Governor Fletcher of New York, no complaint of
mismanagement having been brought against Sir Edmund in his
Government of Virginia. Signed, Ra. Marshall, i p. Endorsed,
Reed. Read 15 June, 1698. [Board of Trade. Virginia, 6. No. 48.]
June 15. 573. Council of Trade and Plantations to Mr. Secretary
Whitehall. Vernon. Captain Norris repairs to his ship on Saturday or Monday
next. Please remember his commission as Commander-in-chief
and also to obtain the King's orders as to the boom for Newfound-
land. He is to take 1,000 for payment of the troops there, with-
out which we fear they will desert. Please ask the King if he shall
wait for this money or proceed on his voyage without it. Sii/itrd.
J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Abr. Hill. {Board of
Trade. Newfoundland, 25. pp. 240-241.]
June 15. 574. William Popple to William Lowndes. Captain Norris is
about to start for Newfoundland. Please remind the Treasury of
the money to be advanced to him. [Board of Trade- Newfound-
land, 25. p. 241.]
June 15. 575. William Popple to John Pulteney. Asking for an account
of what has been sent or done by the Board of Ordnance for
4226 S
274 COLONIAL PAPERS.
1698.
Newfoundland, in pursuance of the King's orders, that instructions
may he drawn up for Captain Norris. [Board of Trade. New-
foundland, 25. pp. 241-242.]
June 15. 576. Journal of Council of Trade and Plantations. Letter
from the Commissioners of Transport of 9th inst. read (No. 563).
Captain Norris attending, orders were given for instructions
empowering him to discharge any ship in the like case with the
John and William. A letter was also written to Mr. Vernon, and
two letters by the Secretary to Mr. Lowndes and Mr. Pulteney upon
the business of Newfoundland, all dated this day (Nos. 573-575).
Memorial of Ralph Marshall read (No. 572), and Governor
Nicholson's commission for Virginia further considered.
June 16. Sir William Beeston's letter of 6 April last received and read.
The Board resolved at some future time to lay the matter of
Patentees and their deputies before the King, as a thing to be
remedied in all the Colonies.
June 17. Order for Mr. Harris to be minded to despatch the seals for
Virginia and Maryland.
Captain Norris attending in relation to his commission for New-
foundland, a letter was written to Mr. Vernon about the disposal of
the money to be paid to him.
Mr. Vernon's letter of 4th inst. as to George Harris's petition
read (No. 546), and a letter written in reply that the petitioner
deserves to be relieved. [Board of Trade. Journal, 11. pp. 93-99.]
June 16. 577. Minutes of Council of Massachusetts. On the motion
of the Representatives a proclamation was ordered for the punishing
immorality, profaneness, etc. [Board of Trade. New England, 49.
p. 169.]
June 16. 578. Minutes of Council of New York. Petition of Mary
Milborne, widow of Jacob Mil borne, read, when the Secretary
swore that he knew nothing of any books ot accounts, except that
some were removed from the fort by Governor Sloughter when he
took possession. Mr. van Swieten's petition was read, upon the
seizure of East India goods in his house, the said petition contain-
ing several scurrilous reflections on the Government. Evidence
was heard on the case, and the Council unanimously justified the
Governor's action in sending troops to rescue the search party, and
acquitted the said troops of any barbarity or misbehaviour. Mr.
Phillips, minister of Jamaica, appeared and shewed his agreement
with the people for 60 per annum. No one appearing on the
other side, it was ordered that a letter be written to the townspeople
to discharge their debt to Mr. Phillips without further trouble, and
the Governor undertook to write the said letter. The case of Mr.
Robert Livingston heard, when the Council said that they had
nothing further to offer against him, and that as they had already
given their opinion thereon it was not proper for them to sit as
judges. They added that they had nothing to allege against Mr.
Livingstone's reputation and believed him to be the fittest person
to be entrusted with the business of victualling. [Board of Trade.
New York, 72. pp. 111-113.]
AMERICA AND WEST INDIES. 275
579. Council of Trade and Plantations to Mr. Secretary
Vernon. The money from Newfoundland is ready to be paid to
Captain Norris. Please signify the King's orders to us, or to whom
he thinks fit, for giving instructions to Captain Norris how that
money is to be expended. Signed, J. Bridgewater, Ph. Meadows,
Wm. Blathwayt, Abr. Hill. [Board of Trade. Newfoundland, 25.
p. 243.]
580. Mr. Secretary Vernon to Council of Trade and Planta-
tions. Mr. Jonathan Netheway has lately succeeded to a
considerable estate in Nevis, and has asked to be appointed to the
Council. You will inform yourselves as to his character and report
thereon. Signed, Ja. Vernon. p. Endorsed, Reed. Read
20 June, 1698. [Board of Trade. Leeward Islands, 5. No. 85 ;
and 45. p. 201.]
581. Minutes of Council of New York. The Governor
caused to be read a letter from Governor Basse of New Jersey of
17 June, 1698, insisting that Lord Bellomont's commission of
Admiralty should be recorded before the precept for delivery of two
pirates from New Jersey to New York. Colonel William Smith
thereupon testified that when Governor Basse was last in New
York he had declared himself satisfied as to Smith's jurisdiction as
Judge of Admiralty in New Jersey. The Council advised Lord
Bellomont to order Governor Basse to deliver up the two pirates at
his peril, and to reprimand him for his contempt ; and a letter to
that effect was accordingly written. Order that certain flour, law-
fully shipped on board a vessel under seizure for illegal trading, be
discharged. Order for payment of 25 for work and materials in
the fort, and an overseer appointed for the workmen and materials.
Orders as to inspection and payment of certain small accounts.
Mr. Pinhorne's defence was read, wherein he suggested that the
depositions against him were not fairly taken; but on the Governor's
saying that he made no exception against them at the time, he
admitted that it was so. The Governor therefore rejected the
defence as false and scandalous in this particular, and ridiculous
and frivolous in all others. [Board of Trade. New York, 72.
pp. 113-118.]
582. John Usher to Council of Trade and Plantations. I
enclose copy of a letter which I have written to Lord Bellomont,
giving an account of my failure to put your orders into execution.
I knew of no reason that those who have seized the Government
have for their action. I only know that they wish the province to
be attached to Massachusetts, whereas the King orders it to be
separate, that they wish to appoint the Governor and Council
instead of the King and that no one must have a footing there who
are not for their particular interest. In short they act as if the
King were a King of clouts. I hope that the King's honour may
not be trampled on with impunity. I forgive them all, desiring
only to uphold the King's honour and his interest in the masts,
which is great. If such affronts be not discountenanced in a small
handful of men, it will be very injurious to the other Governments.
Since I left the Government no care is taken of the frontiers.
276
COLONIAL PAPERS.
1698.
June 20.
June 20.
June 21.
June 22.
June 23.
June 24.
June 25.
June 20.
Great sums of money are raised, the people know not for what,
though they hope that an account of it will be required. Signed,
John Usher. J p. Endorsed, Reed. 5 Sept. Read 25 Oct., 1698.
Enclosed,
582. i. John Usher to the Earl of Bellomont. Boston,
30 May, 1698. Setting forth how William Partridge
had assumed the Government though disqualified, and
restored the suspended Councillors Hicks, Vaughan
and Waldern, enclosing copies of his letters written to
Whitehall on the subject, and urging that he sought no
profit in urging his right, as he had not received a penny
but had spent large sums from his own purse. Copy.
1 p. [Board of Trade. New England, 9. No. 29 ;
and 37. pp. 27-33.]
583. Minutes of Council of Massachusetts. Orders for pay-
ment of 6 for relief of a soldier returned from captivity in Canada,
of 6 for rewarding an Indian and his family for bringing intelli-
gence, and of ;6 upon relief of a disabled soldier. [Board of
Trade. New England, 49. pp. 160-161.]
584. Journal of General Assembly of Massachusetts.
Adjourned till to-morrow morning.
The bills for inspecting licensed houses, for relief of poor debtors,
and for adding to the Fences Act, were passed into Acts. James
Taylor elected Treasurer and approved. Bill to prevent defaults
in the appearance of jurors was twice read and sent down for
concurrence.
A newly-elected Councillor was sworn. Two resolutions of the
Representatives for certain payments agreed to. Jurors bill passed
into an Act. Resolutions of the Representatives for settlement of
a constable's accounts, upon whose land execution had been levied
for arrears of some rates of his town.
The Impost bill was concurred with and ordered to be engrossed.
The Representatives' proposals, as to the proportioning of the tax now
to be granted, were discoursed. Resolution in favour of giving a
guard to Mr. Bridger sent down to the Representatives for con-
currence.
A Tax bill for raising 3,049 was received from the Representa-
tives, was read and debated.
Resolutions of the Representatives for payment of salaries and
for approving the Treasurer's accounts were agreed to. The Tax
bill, with amendments concurred in by the Representatives, was
again read and ordered to be engrossed. James Taylor took the
oath on re-election as Treasurer. [Board of Trade. New England,
48. pp. 241-248.]
585. A paper of suggestions for additions to the instructions
preparing for Governor Nicholson in Virginia. (1) That he
endeavour to procure more equal division of parishes in Virginia,
that every one of them may be a competence for a minister.
(2) To have it settled, for the encouragement of good men to go and
stay there, that after a twelve months' probation at most, if no jusi
cause be found to the contrary, a minister shall be inducted to th(
AMERICA AND WEST INDIES.
277
1698.
June 20.
Whitehall.
June 20.
St. James's.
June 20.
Whitehall.
parish where he is chosen. (3) That the profits of the vacant
parishes be sequestered from time to time for the repair and build-
ing of a parsonage-house and improvement of the glebe. (4) That
the salary which the King has allowed the Commissary out of the
quit-rents may be paid with the arrears by the Governor, still out of
the quit-rents, for this will be the same thing to the King and will
save the Commissary a great charge and trouble to his friends.
1J pp. Endorsed, Communicated to the Board by the Earl of
Bridgewater by his Majesty's order. Reed. Read 20 June, 1698.
[Board of Trade. Virginia, 6. No. 49 ; and 37. p. 208.]
586. Mr. Secretary Vernon to Council of Trade and
Plantations. Your representations of the 15th and 17th inst. have
been laid before the King, and in reply I send you a commission
for Captain Norris to command in chief during his stay in
Newfoundland. As to the 1,000 ordered him for the service, you
will acquaint him how it shall be disposed of to the uses for which
it was intended. I have directions to write to Lord Romney
about the chain and boom, but the King doubts whether there will
now be time to provide it. Signed, Ja. Vernon, p. Endorsed,
Reed., Read 21 June, 1698. [Board of Trade. Newfoundland, 3.
No. 122 ; and 25, p. 248.]
587. J. Pulteney to William Popple. On receipt of yours
of 15th inst, respecting the stores to be sent to Newfoundland, I
sent it at once to the Officers of Ordnance, who yesterday replied
to me that they had frequently applied to the Treasury for money
to enable them to provide those stores, which otherwise they could
not, and that the Treasury had informed them that as soon as
money came into their hands they would supply them, when no
time should be lost in providing for that service. They have writ
to the store-keeper at Newfoundland to take care of the provisions,
but it is expected that the Victualling Office will give some annual
allowance to the person who executes that place, he being otherwise
under no obligation to take that trouble upon him. The Ordnance
Office has also ordered all the gunners, etc., home from Newfound-
land except the few that are appointed to remain. Signed,
J. Pulteney. 1^. Endorsed, Reed., Read 24 June, 1698. [Board
of Trade. Newfoundland, 3. .Vo. 123 ; and 25. p. 252.]
588. Council of Trade and Plantations to Commodore John
Norris. Having received the superior command of the forts and
soldiers during your stay, you will give the necessary orders
and bring home an account of everything. Copies of several of our
representations as to Newfoundland have been prepared for you for
your guidance. Of the 1,000 placed in your hands you will make
part over to Colonel Handasyd to assure the allowances to each
officer and soldier as in a schedule herein enclosed, and the balance
you will make over to the deputy-paymaster for the subsistence of
the independent Company. Having formed the said company you
will give the rest of the officers and men the option of remaining
there, of going to other of the Colonies or returning to England,
assuring to any who do not return that their arrears will be paid
to their assigns here ; and for those who do return you will make
278 COLONIAL PAPERS.
1698.
the best agreement you can for their diet and passage. Signed,
J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Abr. Hill. Here
follows : the schedule for the distribution of pay to the troops, and
the allowance of provisions for the company there. [Board oj
Trade. Newfoundland, 25. pp. 243-247.]
June 20. 589. Council of Trade and Plantations to Mr. Secretary
Whitehall. Vernon. With reference to yours of the 4th inst., we are satisfied
after enquiry that George Harris or Herauld was in 1694 duly
made a free denizen of this kingdom and that he should be assisted
in recovery of the damage done him in Carolina by such further
testimonials of a like nature as may be proper. [Board of Trade.
Proprieties, 25. p. 209.]
June 20. 590. Journal of Council of Trade and Plantations. Mr.
Vernon's letter of 17th inst. in favour of Mr. Netheway's appoint-
ment to the Council of Nevis read (No. 580). Order for Mr. Richard
Gary to be summoned for Wednesday morning thereupon.
Letter to Mr. Vernon in favour of George Harris signed.
Captain Norris attending upon the business of his Commission at
Newfoundland, a letter of instructions to him was signed (No. 588).
Lord Bridgewater submitted a paper of suggestions as to the
instructions of Governor Nicholson for Virginia. Ordered that the
three first heads be used as shall seem proper when the instructions
are considered, and that a copy of the fourth be sent to Mr. Lowndes
for the opinion of the Treasury. Draft Commission for the Governor
of Virginia considered, and a representation ordered to be drawn
thereupon.
June 21. A letter dated yesterday from Mr. Secretary Vernon, as to the
disposal of the money entrusted to Captain Norris, was read
(No. 586) ; and the letter to Captain Norris, signed yesterday, was
delivered to him.
June 22. Mr. Richard Gary attending bore witness in favour of Mr.
Netheway's appointment as Councillor, and said that he only
awaited Mr. Codrington's return from France to submit his answer
to Mr. Walrond's accusations.
The Secretary reporting that some Acts of Massachusetts had
been returned by the Solicitor General without a report thereon,
was directed to return them to him again.
Draft letter to Mr. Lowndes concerning Mr. Blair's allowance
signed. Representation on the Draft Commission for the Governor
of Virginia signed. Order for Mr. Harrison to attend to-morrow
upon the matter of the same Governor's instructions.
June 23. Mr. Harrison attended, to give information as to Mr. Blair's
capacity to sit in the Council of Virginia, alleging the precedent of
Mr. Mein in Barbados. The Board, however, submitted queries on
the subject to the Attorney and Solicitor General.
Governor Codrington's letter of 29 April read. Order that in the
next letter to him he be requested to make clearer the English title
to Tortola.
Sir Henry Ashurst brought up the Massachusetts Acts of 1695
with the Solicitor General's opinion thereon (No. 597).
June 24. Mr. Blathwayt brought down an order of the King as to the
salaries of Lieutenant-Governors.
AMERICA AND WEST INDIES. 279
1698.
Mr. Pulteney's letter of 20th inst. as to ordnance stores for New-
foundland read (No. 587). Captain Norris attending received his
commission and instructions.
Mr. Netheway attending said that he was leaving shortly for
Nevis. The Board thereupon agreed upon a draft representation
recommending him for the Council of Nevis. [Board of Trade.
Journal, 11. pp. 99-108.]
June 21. 591. Minutes of Council of Barbados. Abel Alleyne chosen
Speaker during Thomas Maxwell's absence. A reimbursement of
money paid for fitting out sloops for the island's service was ordered.
Other payments ordered, and claims due referred for examination.
The Council recommended the grant of an additional 100 to Mr.
Edwards. Mr. Heberland's accounts referred to a Committee.
Address to the Council for payment of 500 to the President, and
of an additional 100 to Mr. Edwards. [Board of Trade. Barbados,
65. pp. 295-297.]
June 21. 592. Minutes of Council and Assembly of Nevis. The
Assembly refused to entertain a proposal of the Council for longer
quartering the soldiers, so long after the peace. [Board of Trade.
Leeward Islands, 64. p. 470.]
June 22. 593. Governor the Earl of Bellomont to Council of Trade
New York. an( | Plantations. My last were sent by the Richmond frigate, which
had my sailing-orders on the 29th of May. The maladministration
of the late Government has so corrupted and debauched the minds
of most that I found in authority here, that I meet with great
difficulties and obstructions in the discharge of my duty. Colonel
Fletcher has so managed the Council here by gratifications of grants
of land, connivance at illegal trade, etc., that they would never
contradict him, but joined him in all his proposals however pre-
judicial. I reported to you the removal of William Nicoll (chief broker
in the matter of protecting pirates) from the Council. Since then I
have evidence of his making a bargain with several of the country
to receive 400 for passing an Act prejudicial to New York City.
The Act was actually passed by Colonel Fletcher, and part of the
money was paid to Nicoll, the rest being due by obligation. He
received this reward as a Member of Council, and it is reasonable to
infer that he was a factor for Colonel Fletcher in the matter, as the
enclosed evidence will show. I doubt not to obtain fuller proof of the
same, which shall be transmitted to you. I hope you will prevent
the restoration of so evil an instrument to the Council. Since I
removed him he has been most industrious in making cabals and
encouraging discontents, and, as I am informed, purposes privately
to make up a bank of the merchants, who have their unlawful
trade interrupted, to employ an Agent to complain against me.
But I am assured of your justice and support to me in doing my
duty against all that pretend to be aggrieved at it. I yielded to the
Council not to send him home a prisoner for his dealing with
pirates, but I fear that I shall be forced to do so for the quiet of
the Government. I have also been obliged to suspend William
Pinhorne from the Council for scandalous and reproachful words
against the King. The proof was plain, and the witnesses, who
280 COLONIAL PAPERS.
1698.
were confronted with him, of good reputation. He has since
written. a most false and foolish defence which was read before
myself and Council and rejected, as the enclosed papers show.
Colonel Fletcher found this man in the Council when he arrived
and turned him out as a non-resident, but by presenting Colonel
Fletcher with some plate and by other proper methods he was
restored to the Council and made a judge, with salary of 100,
besides receiving large grants of lands from Colonel Fletcher.
Besides his disaffection to the King, Pinhorne is (I am informed) a
person of most scandalous character. He was employed as factor
to a woollen-draper of London who entrusted him with four or five
thousand pounds in goods, which Pinhorne (it is said) has converted
to his own use. He then purchased an estate in the Jerseys and
conveyed it to his wife and children so that it may not be liable to
the woollen-draper's demands, for which he is now commencing a
suit here. For the above reasons I have suspended him also from
being a judge and I am persuaded that you will not restore him.
At the same time I suspended Mr. Chidley Brooke also from the
Council and from his offices of Collector and Receiver-General of
New York, he having been to my own knowledge most backward
and careless in his duty, to the visible decrease of the King's revenue,
as the enclosed account shows. I consulted Mr. Randolph on
this matter, who gave me his opinion in writing ; and I could not
believe that a man who was faulty in so great a trust could be fit
to sit in Council. I hope, therefore, that you will not restore him.
He was, indeed, a great devotee to Colonel Fletcher, which he could
not have been without joining him in connivance at illegal trade.
Indeed, at my first arrival, Colonel Fletcher told me that Mr.
Brooke's employ was more profitable than the Governor's, which it
can only be by unlawful gains, for he has made but very few seizures
in six years' time. I have dealt with Mr. Brooke thus purely in
discharge of my duty, for by birth he belongs to one of my relation's
families in Ireland and was first preferred by my father, and later
advanced in the Customs by my own interest. I am, myself, one
of his securities in .2,000 for his proper discharge of his duties as
Receiver-General, for which I am liable in England. The Minutes
of Council respecting his and Pinhorne's suspension are enclosed.
I may add that Brooke and Nicoll were employed by Colonel Fletcher
and by a corruptly-elected Assembly to be Agents in England, and
had JB 1,000 of the Country's money to defray the expense of
opposing an Act of Parliament for reversing the attainder of
Leisler, Milborne and others, most unjustly executed for their
forwardness in the late happy Revolution, as also to procure the
passing at home of an Act passed here about bolting of flour the
Act for which Nicoll received 400 as aforesaid. Indeed, all that
are disaffected to the present Government, Papists and Jacobites,
have been the intimates of Colonel Fletcher, and have been
employed by him in the persecution of all that favoured Leisler
and the instruments of the Revolution here.
Another difficulty under which I severely labour is that I
found all the sheriffs here, appointed by Colonel Fletcher, to
be of the scum of the people, tailors and other scandalous
persons, who notwithstanding my proclamations against illegality
AMERICA AND WEST INDIES. 281
1698
at elections have contrary to their oath and duty made corrupt
and false returns of members. Thus of the nineteen persons
that make up the Assembly eleven elections were disputed ; but
they being a major vote of the House have established them-
selves and proceeded with the greatest confusion and disorder
imaginable, which has occasioned six of the nineteen to make a
remonstrance, which was consented to by three more members but
rejected by the majority. On this the six withdrew, petitioned
myself and Council and drew up a protest of the proceedings of the
House both to the House and to myself and Council. But as I have
not followed my predecessor in interference with elections, neither
have I interposed with the rights and liberties of the House of
Representatives ; but being convinced of the corrupt grounds on
which this Assembly has proceeded I have, upon this petition and
protest, dissolved it. It has sat for near a month and done
nothing but villainous tricks to justify the falseness and unfairness
of the sheriff's returns. Had I permitted this Assembly to have sat
and acted, there would have been great discontent among the people,
who had few true representatives among them after the remon-
strants had withdrawn. The papers relating to this are enclosed.
I shall at once appoint better men to be sheriffs and call another
Assembly which may enact laws to reunite the minds of the people
and do service to their King and country. I will give you but two
instances of the constitution of the last Assembly. The first is,
that a writ being directed to one sheriff, of the City and County of
York and County of Orange, to return four members, this sheriff
has certified to the return of four duly-elected persons, though it is
evident, and he himself acknowledges, that he did not allow one
freeholder of the County of Orange to have a voice in the election.
Secondly, these four persons, so unjustly returned, joining with
other disputed members, have excluded two others, who were fairly
elected, from sitting, on pretence that they are under attainder for
their proceedings in the late Revolution. Thereby they have raised
a flame by stirring up remembrance of those who were unjustly
executed for the same, and showed their malice against the present
Government. The whole of the remonstrances and petitions
appearing to be truth, I find by what unjust measures the late
Governor procured packed and corrupt Assemblies to gratify his
pride and malice. But I shall alter the method and restore the
blessing of an English Government by free and fair election of
Representatives, though it will cost me much time and trouble to
purge corruption so deeply rooted.
I have in other letters reported to you the frequent trade
between this and Madagascar ; the pirates, who fitted out in
this port, bringing their spoils taken in the East Indies and the
Red Sea to that island, whence merchant-ships from this port,
publicly loaded with goods useful to the pirates, brought them back
here for sale. See the enclosed deposition as to the ship Fortune.
She was commissioned by Colonel Fletcher as a privateer but
publicly loaded here, went to Madagascar and brought back
East India goods from the ship of the pirate Hore, who had also a
commission from Colonel Fletcher. The ship and some of her
goods have been seized and condemned on her return, as the
282 COLONIAL PAPEKS.
16981
enclosed account shows. The generality of the merchants (there
being two and twenty owners of the lading) are so much incensed
at this and had so far corrupted the evidence that it was hard to
procure enough to condemn the ship and goods ; and they have so
terrified the witnesses that they have resolved to remove from
among them. The merchants also daily curse and threaten the
few persons that have assisted me in the King's service. On
the 6th inst. four merchant-ships laden here and bound to
Madagascar came to me to be cleared. I delayed them till I had
called the Council and offered to them that I had good reason to
suspect these ships to be bound to Madagascar to supply the pirates
with necessaries and to bring back their goods, and that I believed
that each ship ought to give security not to trade with pirates.
The Council, however (being some of them concerned in the ships)
unanimously opposed this method as not prescribed by law and
never before practised here, so that I was forced to allow the ships
to proceed on their voyage. On the same day I had intelligence of
East India goods, illegally imported, at Mr. Van Sweeten's house.
I forthwith sent the Collector and Searcher of Customs, who found
them and seized them. But a tumult was raised by the merchants
who came to the house, and by their advice the officers were locked
up, and kept imprisoned for three hours before I had any notice of it,
when my intelligence was that they were in danger of being
murdered. I thereupon sent the Lieutenant-Govern or and three
files of men with my servants, who broke open Van Sweeten's doors,
freed the officers, and assisted them in carrying off the seized goods
to the Custom-house. Hereupon Van Sweeten put in a false and
scandalous petition, and thereon I summoned the Council and had
the whole matter heard before them, who have made a minute
thereof. The depositions as to the treatment of the officers are
enclosed. Next morning I again sent for the officers, and told
them where they might make another seizure, whereupon Mr.
Monsey (who for six years past has been chief-searcher and is now
one of the two commissioners for executing Mr. Brooke's office)
told me that indeed he would act no longer in his office, and desired
me to appoint another. He would give me no reason, but laid
down his employment ; and thus for want of an officer that day I
missed seizing ^1,000 worth of goods, which were immediately
afterwards removed to some other place. I must observe that this
Monsey was brought over by Mr. Brooke as his servant, and has
been employed as searcher under him ; but without doubt he has
as good a correspondence with the merchants as his master, other-
wise he would never have thrown up that employ. He had accepted
it from me but five days before, and it advanced his salary from
,50 to 200 a year, but finding that he must now be kept to his
duty and must disoblige the merchants, he would act no longer ;
besides he came to me to lay down his commission directly after
discoursing with Mr. Brooke, as he confessed to me. It is reported
that he is going with Mr. Brooke to England to endeavour to
justify his master's proceedings in his employ here. I have written
a large report to the Treasury on this matter, and enclose copy
of my letter. These proceedings of mine against the merchants
have raised their minds against me and have so influenced
AMERICA AND WEST INDIES. 283
1698.
the Council that I have little assistance given me in the
Government. I find that the merchants' design is to disturb me
at home by complaints, and to make me uneasy here by scandalous
reports and opposing me in everything. In the seizures afore-
mentioned, for instance, three constables were sent for, but would
not be found ; and the sheriff was one of the persons chiefly con-
cerned and had great quantities of East India goods in his own
house (which I narrowly missed seizing), so that he could not be
trusted. The violence offered to the Customs-officers required
speedy assistance, and it was this that made me send the Lieutenant-
Governor and soldiers to break open the doors and release them,
which now they make great clamour at and great threats of com-
plaints at home. Their hopes and boasts are either to prevail with
you for my recall or to make me so uneasy that I shall desire it
myself ; but, since I seek for no advantages for myself but with
great difficulty pursue the King's interest, I doubt not that you will
discourage their wicked contrivances, and that I shall rather
receive the King's thanks for doing my duty.
I must represent to you the miserable condition of the King's
forces. Colonel Fletcher used the soldiers so barbarously that they
deserted, and left the companies so empty at my arrival that instead
of one hundred men, according to establishment, my company
numbered but thirty -five centinels, scarce sufficient to relieve the
duty. For though the pay is 30 per cent, worse than sterling, yet
Colonel Fletcher deducted from each private man's subsistence one
half-penny per diem (which for four hundred men makes seventeen
shillings a day) for several years, which makes a considerable sum
that the soldiers have been cheated of, apart from the wrong done to
the King by Colonel Fletcher's sending false muster-rolls. This
province further gave, as an encouragement to the soldiers, an
additional pay of fourpence a day, part of which was pocketed
by Colonel Fletcher and never given to the men, which caused them
to desert. He likewise, with his officers, made great advantage of
the soldiers' labour, obliging them to pay for another's performing
their duty, and to give their subsistence to him and his officers for
liberty to exercise their trades. These hardships I have removed,
yet I fear that I shall not be able to fill the companies without
sending an officer to England. At present the companies are so
weak that, should war break out, the frontier would be in great
danger. But I shall shortly send you a full account of the wrongs
and abuses of these companies.
Since my last I have got full proofs of Colonel Fletcher's
protection of pirates. See deposition enclosed. I shall also lay
before you an account of all his maladministrations, with proofs
which will show you how much the King has been injured and
dishonoured by him, and by what means he has so corrupted people
here that they will be in conspiracy against any Governor who
regards the King's honour and the execution of the laws, and will
endeavour to make him weary of his Government. They give out
that this is their design as to myself, but though the pension allowed
me as Governor here is small, I shall not be tempted to enrich
myself by joining them in their game of unlawful trade. You will
find that Brooke and Piuhorne were two of Leisler's judges, by
284 COLONIAL PAPERS.
1698.
whom he was most barbarously murdered for his forwardness in
the Revolution here. The late Governor made advantage to divide
the people by supposing the Dutch and English interest to be different
here, and therefore, under the notion of a Church of England to be
set in opposition to the Dutch and French churches established here,
he supported a few rascally English, who are a scandal to their
nation and to the Protestant religion, and who joined with him in
the worst methods of gain and severely used the Dutch, except some
few merchants whose trade he favoured. The Dutch ought to have
an equal benefit of the English Government, being most heartily
for their Majesties, and a sober, industrious and obedient people.
I have the Council's consent to the appointment of an Agent for
this province in England, and have appointed Mr. Thomas Weaver.
He served as Attorney-General in the Leeward Islands with an
unspotted reputation and has been known to me for many years.
He has been an eye-witness of all that has passed since I entered
upon this Government, and is prepared to give you full information
I beg your favour and countenance to him, whether in the
province's affairs or my own. Signed, Bellomont. 10J pp.
Endorsed, Transmitted by Mr. Weaver, Agent for the Province.
Reed. 8th, Read 18th April, 1698. Enclosed,
593. i. Deposition of Jacob Rutson. 1 June, 1698. Four
years ago, when a Member of Assembly, I was sent for
by Governor Fletcher, who told me he heard that
the Assembly would pass no bills unless a bill was
passed for the country's free bolting of flour, and that
he could not and would not pass such a bill, as it would
ruin the City of New York. This was about the time
when the City of New York presented him with a gold
cup. In 1691, having had several parcels of flour
seized in New York, I employed Mr. Nicoll as my
lawyer and engaged him to see some attorney in
England if it should be necessary to appeal, which
Nicoll did, before Governor Fletcher arrived in New
York. In February, 1695, I met Mr. Nicoll in Ulster
County, who was discussing of the hardship of the
seizure of my flour at New York, and of my suit con-
cerning it remaining so long undetermined, and I
agreed with him either that he should prevail to get an
Act passed to deprive New York of the sole liberty of
bolting flour, or carry the cause to England. For this
service I and the chief inhabitants of Ulster County
agreed to pay Nicoll 400, New York money. Nicoll
then said that he believed that Governor Fletcher
would now pass such a bill, since he had heard him say
that the said privilege of New York City was a great
monopoly. About a month later the Act was passed
and consented to by the Governor, and on the same
day I paid Nicoll 100 as part of the money agreed on.
I have great jealousy that Governor Fletcher had part
of the money, for Nicoll was particularly urgent for
payment of it on the day when the Act was passed ; but
AMERICA AND WEST INDIES. 285
1698.
I cannot be positive or certain therein. Copy. 1 p.
Endorsed, Reed, from Mr. Weaver 15th, Read 16th
Sept., 1698.
593. n. Extract from Minutes of Council of New York.
25 June, 1698. Colonel Henry Beeckman, examined
on oath, deposed (1) that he had an agreement with
William Nicoll for 400 to procure an Act of Assembly
to give the country equal privileges with New York as
to bolting of flour ; (2) that he knows nothing of Colonel
Fletcher's being gained over nor heard his name
mentioned; (3) that he heard that Mr. Rutson paid 100
to Nicoll on the day when the Act was passed; (4) that
several inhabitants of Ulster contributed to subscribe
the 400, and (5) that he had heard that the contribu-
tion was levied on the King's taxes of the county.
Copy. 2 pp. Endorsed as No. i.
593. in. Deposition of John Ward. 27 June, 1698. I
subscribed five pounds on account of the agreement
with William Nicoll to procure an Act giving to the
whole country the liberty of bolting flour or appeal to
England on the case. I was told that Nicoll received
the money when the Act was passed. The 400 was
afterwards assessed upon the county by the Justices
and Grand Jury, but great part of it is not yet raised.
I always understood that the agreement was made with
Nicoll as with a lawyer. Copy. 1J pp. Endorsed as
No. i.
593. iv. v. Copies of the depositions of Edward and Hanna
Earle as to William Pinhorne's scandalous language
concerning the King. (See No. 502 n.) Endorsed as
No. i.
593. vi. Extract from the Minutes of Council of New York.
7 June, 1698. Concerning the suspension of William
Pinhorne and Chidley Brooke from the Council and
from their offices. 3 pp. Endorsed as No. i.
593. vii. Minute of the Council of New York. 18 June, 1698.
Rejecting William Pinhorne's defence. Here follows
the defence itself, addressed to the Governor in the form
of a letter, 10 June, 1698. I altogether deny that I
used the words attributed to me ; but the falseness of
the charge can be detected by reasonable and probable
presumptions. I appeal to all who know me to say
whether I am likely to have used such words in the first
place, and before such witnesses in the second. My
abhorrence to Popery is well-known ; I never received
any advantage under King James, but many posts under
King William, in which I have always done my duty.
It was not likely that I should use such words immedi-
ately on receiving such favours, certainly not before two
open enemies of long standing. They have tried many
kinds of malice and revenge against me before now. It
is strange too that they should have kept these words,
alleged to have been spoken in 1691, quite secret until
286 COLONIAL PAPERS.
1698.
1698. If you will examine the record of their past in
the Courts of Law you will hardly think them credible
witnesses. There is also a discrepancy in the dates of
the alleged crime on my part, in the two depositions. I
enclose sworn statements as to the past behaviour of the
Earles towards me. The whole, 18 pp.
593. vni. Deposition of John Pantree. 8 June, 1698. I
went sailor on the ship Fortune about seventeen
months ago to Madagascar. We took in a cargo of
sugar, liquors, pumps, hats and stockings, arms and
gunpowder at Turtle Bay, and at Madagascar we traded
for negroes and also with a vessel formerly commanded
by one Hore (who was then dead) for East India goods.
We brought the said goods to Long Island Sound,
where they were taken off by two New York sloops.
Copy. 2pp. Endorsed, Reed. 15th. Read 20th Sept.,
1698.
593. ix. Memorandum as to Chidley Brooke's proceedings con-
cerning the ship Fortune. Thomas Moston received
a commission to command the ship from Colonel
Fletcher, under date 7 Nov., 1696. She is a foreign
bottom, and is presumed to have traded with pirates.
She came into New York on the 31st of March, being
the day of Lord Bellomont's arrival at Sandy Hook.
On the next day Chidley Brooke and Colonel Bayard
visited Lord Bellomont, but Brooke said nothing about
the ship, nor on the 2nd of April when Lord Bellomont
was sworn in. On the 4th, Brooke, in the midst of a
great company, whispered the intelligence of the ship's
arrival to Lord Bellomont, as newly received, pretending
that three members of the Council were concerned.
The Earl bade him do his duty, without prescribing the
method, and offered him the assistance of Captain
Leader, of H.M.S. Deptford, and thirty or forty men
if required, bidding him concert arrangements with
Leader and the Lieutenant-Governor. Brooke there-
upon ostentatiously consulted with them then and there,
contrary to the Earl's order to do so privately. Next
day Brooke suggested to the Earl a method of seizing
the ship which would affect the owner but spare the
freighter, which the Earl disapproved. Brooke then did
nothing nor came near the Earl till sent for the next
night, when he said that the ship was lying in the
borders of Connecticut, so that he had no power, and
that it was the man-of-war's business, but that he would
obey Lord Bellomont's orders. The Earl gave him
positive orders, reproaching him for concealing the
matter from him four days and for being ignorant of
his duty, and ordered him assistance ; and, fearing the
same backwardness, sent on the same night a sharp
letter to quicken him. The next day Brooke, going
with his assistants, seized a sloop and boat coming from
the ship with the last of the East India goods, but
AMERICA AND WEST INDIES. 287
1698.
secured none of the people on board either of the ship
or the sloop. Lord Bellomont shewing his disapproval,
Brooke said that the ship was coming up to surrender
herself, and that the master had undertaken that the
men should be forthcoming ; to which the Earl replied
that now no doubt they would concoct a story which
might conceal the truth. He then ordered Brooke to
secure the master and sailors, when Brooke inveigled
some of them into his room and sent them into the
fort. The Earl discovered Brooke's illegal method of
imprisonment, and after taking the prisoners' parole to
re-appear, dismissed them. Mr. Mainwaring, who
commanded the sailors who assisted Brooke, gave
information showing Brooke's collusion in the matter,
allowing the master and sailors to escape and
some of the seized goods to be disposed of. On the
13th of April notice was secretly given to several
merchants, Van Sweeten among them, to secure any
forbidden goods, as a search was coming, and on the
next day Brooke came to ask for the Earl's order,
professing his readiness to rummage the whole town for
the goods. The Earl rejoined that Brooke had already
full authority, and only acted thus to throw odium upon
him. He then made a search, but nothing was found,
as all had been warned to hide the goods. Brooke also
by his carelessness allowed the Fortune, after seizure, to
be driven -on shore, whereby she was so much damaged
as to be of little value- Lastly, he lodged an information
against the ship in the Court of Admiralty without
consulting the Attorney-General, hoping to defraud the
Governor of his share by making the information
defective. Signed, Bellomont. Four closely-written
2)agcs. Endorsed, Reed. 15th, Read 23rd Sept., 1698.
593. x. Abstract of the preceding memorandum. 1 p.
593. xi. Copy of the proceedings in the Vice-Admiralty Court
of New York relating to the ship Fortune, with the
decree of condemnation. The ship was valued at
297, New York money. 6 large pages. Endorsed,
Reed. 15th, Read 20th Sept., 1698.
593. xii. Deposition of Thomas Monsey. 15 June, 1698. On
the 14th he went to search Mr. Van Sweeten's house
for forbidden East India goods, and informed him
civilly for what purpose he was come, upon which Van
Sweeten said that he was at liberty to do so. He found
nothing till he reached the cock-loft, where there were
a trunk and box full of East India goods. He then
summoned Van Sweeten and told him he should carry
the goods away, when Van Sweeten asked him to show
his warrant or order to do, which deponent could not
produce. Deponent then went out to drink something,
being hot, and on his return found a crowd about the
house. He was followed upstairs by several merchants
288 COLONIAL PAPERS.
1698.
and after a time found himself shut in, all the doors
and windows of the house being closed. 3 pp. Endorsed
as No. xi.
593. xm. Deposition of James Brodie. 16 June, 1698. He
went as one of Monsey's assistants to search Van
Sweeten's house, and confirms his statement. The
suggestion to shut the Customs-officers into the house
was made publicly by Mr. French. 2| pp. Endorsed,
Eecd. 20th, Read 26th Sept., 1698.
593. xiv. Deposition of Robert Cromwell. 15 June, 1698.
Confirming the two last preceding depositions. 1J pp.
Endorsed as No. xiu.
593. xv. Petition of Ouzeel Van Sweeten to the Earl of
Bellomont. Complaining that his door had been broken
in by some soldiers, assisted by servants in Lord
Bellomont' s livery, and many valuable goods carried
away. Asks for an audience on account of "so
grievous a violation to the English laws and liberties."
Copy. 1J pp. Endorsed as No. xm.
593. xvi. Extract from the Minutes of Council of New York.
16 June, 1697. Mr. Van Sweeten's petition was heard,
his witnesses examined and the case dismissed. 1 p.
Endorsed as No. xm.
593. xvn. Deposition of John Wick. 2 June, 1698. In
April, 1696, Josiah Rayner landed at the east end of
Long Island, there being (as Rayner told him) treasure
of over 1,000 value in his chest. The said chest was
seized by the sheriff as privateer's goods, on which
Rayner asked me for advice how to recover it. I went
to James Emott, who went with me to Governor
Fletcher, who asked the value of the treasure and on
hearing 1,000 said that he wished it were 2,000. I
then asked for discharge of the chest and a protection
for Rayner, who had been one of Tew's crew, and said
that he would give a present for the same. The
Governor said that since Rayner had gone out with his
permission he was right to come to him for a
protection, and that though he would take no reward for
it, yet he would not refuse a present if Rayner should
give him one. He then signed the protection and an
order for discharge of the chest, and I gave him 50,
which he accepted. I gave it in a bill of exchange
drawn on Abraham Depeyster and payable to Daniel
Honan by Colonel Fletcher's order, l^pp. Endorsed,
Reed 15th, Read 23 Sept., 1698.
593. xvm. Copy of Colonel Fletcher's order to the sheriff,
Josiah Hobart, to return to Josiah Rayner any goods of
his that are in his custody. 1| pp. Endorsed as
No. xvn.
593. xix. Deposition of Abraham Depeyster as to the bill of
exchange of 50 drawn by John Wick upon him. Scrap.
Endorsed as No. xvn.
AMERICA AND WEST INDIES.
1698.
June 22.
June 22.
June 22.
Whitehall,
June 22.
June 22.
Whitehall.
June 22.
June 23.
593. xx. Copy of a letter from Josiah Hobart to Lord Bello-
mont. 80 May, 1698. Apologises that he cannot wait
upon him, as he is unable to ride. Sends Governor
Fletcher's order for release of Rayner's treasure-chest.
He himself never got a penny for seizing it, but only
abuse from Rayner for molesting him. 1 p. Endorsed
as No. xvn. [Board of Trade. New York, 7. Nos. 73,
73 i -xx.; and (without enclosures] 52. #p. 896-411.]
594. Abstract of the foregoing letter of Lord Bellomont. I p.
[Board of Trade. New York, 7. No. 14."]
595. Governor the Earl of Bellomont to the Commissioners
of Customs. I enclose duplicate of mine of 27 May, since which I
have suspended Chidley Brooke ; and Mr. Monsey, Surveyor of
Customs, finding that I would keep him to his duty would serve no
longer. I have written at large to the Lords of the Treasury.
Mr. Randolph is a diligent officer, but he could not stay here long
enough to keep the others to their duty. Mr. Thomas Weaver will
give you full information. I hope that now the negligent officers
are removed the Customs will be advanced here. Copy. 1 p.
Endorsed, Reed. 8th, Read 14th Sept., 1698. [Board of Trade.
New York, 7. No. 75 ; and 52. pp. 439-440.]
596. Council of Trade and Plantations to the King. We
submit a draft commission for Governor Nicholson, and we
recommend that another Governor be appointed and arrive in
Maryland before he moves from thence to Virginia. Signed,
3. Bridgewater, Tankerville, Ph. Meadows, Wm. Blathwayt, Abr.
Hill. [Board of Trade. Virginia, 37. p. 209.]
597. The Solicitor-General to Council of Trade and
Plantations. I have perused the Acts passed in Massachusetts at
a General Assembly in May, 1695, and find nothing to object to in
them, provided the expiring laws, which are continued by sundry of
these Acts, have received the King's approval. Signed, Jo. Hawles.
2i pp. Endorsed, Reed. Read 23 June, 1698. [Board of Trade.
New England, 9. No. 30 ; and 37. pp. 4-7.]
598. William Popple to the Solicitor-General. You have
made no report on the Acts of Massachusetts passed in February,
1695, so I am ordered to return them to you to be despatched with
what speed you can. List of the Acts follows. [Board of Trade.
New England, 37. pp. 2-3.]
599. William Popple to William Lowndes. It is proposed
that the allowance of 100 a year to Dr. Blair, Commissary to the
Bishop of London in Virginia, may now be settled upon him as a
yearly salary, and that a clause to this effect be inserted in Governor
Nicholson's instructions. Has the Treasury any objection? [Board
of Trade. Virginia, 87. pp. 226-227.]
600. Minutes of Council and Assembly of Antigua. Though
there was no full Council, the Governor sent down to the Assembly
4226 T
290
COLONIAL PAPERS.
1698.
June 23.
Bashwood,
Maryland.
the letter of the Lords Justices concerning pirates and asked them
to appoint Committees to deal with this and with the Militia Act.
[Board of Trade. Leeward Islands, 64. p. 261.]
601.- Gerard Slye to Secretary Vernon. I enclose copies of
my charges against Governor Nicholson. I would have sent proofs,
but none of the Council or justices will take the depositions while
he is Governor, or until a Commission arrives from the King to
examine the matter. I beg for your interest, not only that he may
be removed, but that his crimes may be examined without fear or
favour, for if any here speak of his abuses he at once sends for
them and threatens them with imprisonment and ruin, abusing
them to the last degree. Lately, upon a frivolous occasion nay,
for nothing but mere malice he sent a militia-officer with a warrant
for me, kept me a prisoner for six days at my house, and at last
forced me to two unreasonable bails, obliging me to appear at
Annapolis on the last Tuesday in August next. He knew that I
was returning to England before to stifle his crimes and prosecute
him at home ; to which end he has sent as his Agent to England
Sir Thomas Laurence, a man of his own stamp, who always
appeared above board against the King and Government. I beg your
assistance. Signed, Gerard Slye. 1^ pp. Enclosed,
601. i. Memorandum of charges against Governor Nicholson.
These are for the most part identical with those enclosed
in the letter o/26 May (see No. 508 I.), though arranged
in different order. They contain, however, the following
additional charges. (24) He has endeavoured to ex-
asperate the Indians to war and stir the English to
insurrection, so as to gain a reputation for loyalty.
(25) He grieves and perplexes the officers and others
by his illegal and arbitrary commands about frivolous
affairs. (26) He has altered and attempted to alter the
constitution of Government. (27) He presses men's
horses and boats in time of peace, as well for his private
as for public use. (28) He issues proclamations enjoin-
ing new oaths and penalties without authority of law.
(29) He intimidates the people for seeking relief from
his oppressions. (30) He requires absolute obedience
from the civil officers to his own particular orders with-
out any reserve, under great penalties. (31) He requires
excessive bail in inconsiderable matters, binding Mr.
Gerard Slye in 2,000 to appear at Annapolis at a time
when he knew that his affairs required him to return
to England, on purpose to hinder him from laying his
charges before the King and Council. The numbers
are continued from those in the abstract already quoted.
1pp. [America and W. Indies. 558. Nos. 9, 9 i.]
June 23. 602. Order of the King in Council. Approving the draft
Kensington. Commission to Governor Nicholson and ordering it to be prepared
for signature. Certified copy. Signed, John Nicholas. \ p.
Endorsed, Reed. Read 1 July, 1698. [Board of Trade. Virginia, 6,
No. 50; ami 37. p. 229.]
AMEKICA AND WEST INDIES. 291
1698.
June 24. 603. Declaration of the King, that during the absence of a
Governor-in -Chief, one full half of his salary and perquisites shall
go to the Lieutenant-Governor, which shall not be diverted to the
Governor-in- Chief upon any pretence whatever. The King
reserves to himself the disposal of the other half of the salary from
the date of the Governor-in-Chief's commission until his arrival
within his Government. Copy. 1 J pp. Endorsed, Brought to the
Board by Mr. Blathwayt. Reed. Read 24 June, 1698. [Board oj
Trade. Plantations General, 4. No. 117 ; and 34. pp. 298-294.]
June 25. 604. Minutes of Council of New York. Committee appointed
to examine Colonel Schuyler's accounts. A Committee appointed to
confer with the Commissioners of Connecticut as to the towns of
Rye and Bedford. Confirmation of land and of the erection of a
manor in Suffolk County granted to Major- General Winthrop. On
a petition as to a sloop condemned for not being registered, the
Governor forgave his part of the forfeiture but not the King's. The
Commission of Major Selleck and the other Commissioners of
Connecticut read, after which the Governor told them that he had
appointed a Committee to meet them and suggested that the con-
ference should begin that afternoon. Colonel Henry Beeckman,
being called in, refused to swear to his depositions as to the agree-
ments respecting the bolting of flour, but on being threatened with
committal, he answered five queries as to his agreement with
Nicoll to procure the passing of the Act to do away with certain
privileges of New York City. [Board of Trade. New York, 72.
pp. 118-120.]
June 26. 605. Petition of Edward Walrond, on behalf of John Lucas,
to Council of Trade and Plantations. John Lucas, having complied
with all that is required by law from any person who intends to
leave Antigua and having taken his passage to England, is detained
in prison by Governor Codrington contrary to the liberty of an
English subject. I beg that you will represent his case to the
King and procure a mandate for his coming to England to prosecute
matters of great consequence against Governor Codrington, which
he says that he could effectually do were he not detained in
prison, f p. Endorsed, Reed. Read 28 June, 1698. Annexed,
605. i. John Lucas to Robert, Lord Lucas, Governor of the
Tower. Antigua, 25 April, 1698. Your justice, good-
ness and love of liberty embolden me to lay my case
before you. I contracted with one Robert Edgcomb,
master of the ship Dolphin of Plymouth, to bring me
and my two sons to England, shipped the goods that I
required for the voyage, and took out my ticket to leave
the island as the law requires. The master, however,
by Governor Codrington's order refuses to take me on
board, and I am imprisoned upon suspicion of having
written a letter of complaints to Admiral Nevill, on which
jealousy and suspicion Captain Julius, of H.M.S.
Colchester, assaults me in the street and treats me very
evilly, to the endangering of my life. I sought all
ways and means to have reparation but could obtain
292 COLONIAL PAPERS.
1698.
nothing but menacing language from Governor
Codrington, who in the Council Chamber threatened to
break my head, calling me villain and rascal. I am a
person of good fame and honest reputation always; I
was for some years Speaker of the Assembly and have
suffered much by this war, and now I am detained of
my liberty in view of the world, which cries out shame
on such proceedings. My family is put under great
distractions, my estate exhausted, my person like to be
destroyed by a withering durance ; unreasonable bail is
demanded 500 at a time is nothing my friends are
encumbered with high bonds, and no crimes expressed
but mere notions. I desire to be heard before the
King and Council, and desired Governor Codrington to
let me go, and if he had anything to object I would
appear before the King in Council. The Council com-
manded me to give 500 security for good behaviour
and then I might go for England, but it was impossible
for me to perform the voyage according to the time
fixed for Sessions. I submitted to all this, though I am
still detained and sorely oppressed. I beg you to pro-
cure me an order to come to England with my children,
that I may leave this Colony where I have suffered
wrongs and injuries for many years. Signed, John
Lucas. P.S. Since I wrote the above, 5,000 bail is
demanded or else close imprisonment, so must be forced
to make over my estate. 1J pp. Endorsed, Reed.
Read 27 June, 1698.
605. ii. Copies of a series of documents, sent with the fore-
going letter. John Lucas to Robert Edgcomb. 25
April, 1698. I had my goods on board and my ticket
out, put in security for good behaviour 500 (your
case), gave security upon security and am now detained
a prisoner. You know my condition. Pray procure
me with speed an order to come home, or my estate and
person will be destroyed and my family ruined. Take
care to deliver Lord Lucas's letter.
The same to ? . 26 April. I have entered into 5,000
bail and offered 5,000 security more to appear before
the King and Council, but cannot prevail. They are
hunting my son in the woods with negroes, mulattos
and dogs. I doubt my child will be frightened to death.
Great cruelty threatens me and my family unless speedy
relief come. I have made over all my estate to my
security. Pray be diligent to speed away an order for
mine and my child's deliverance.
The same to ? . 27 April. My ill usage increases ;
soldiers night and day alarming my house, disturbing
my family, entering my house and my neighbours' to
search for my son, offering money to my negroes to
betray him, listening at my windows what we say. I am
told that young Morris and Dewer are active sparks in
this matter. Edgcomb promised the Governor not to
AMERICA AND WEST INDIES. 293
1698.
carry me off, though I qualified myself according to law
and became security for his ship. As he detained my
stock and provisions I arrested him, and he in revenge
swore I told him that the Governor bailed him, which is
not true. But since I can prove some other mishumour
of Edgcomb, I suppose his evidence would take little with
a good jury. But you know their jealousy, so you can
inform the Council of Trade, for if there was nothing to
be discoursed they could never hinder my coming home.
They never moved me in this violent manner until I
was ready to go aboard. Next week I am told that I
shall be kept close prisoner. Obtain a speedy order for
our deliverance. I pray God deliver us from arbitrary
power.
The same to Samuel Proctor. 22 April, 1698. I
enclose a bill of lading and invoice for goods shipped in
the Dolphin. I was bound home, ready to depart, and
had given every security imaginable when the master
refused to take me. Tell Mr. Walrond of it and make
application to the King and Council, for I am sorely
oppressed. Captain Julius assaulted me with intent to
murder me ; Governor Codrington and Council threaten
to beat me, and abuse me for demanding attestations
against Julius. My usage is cruel. I dare not express
it. Produce this letter before the King and Council.
The same to the same. 27 April, 1698. Edgcomb
may prove mischievous, for I arrested him for destroying
my voyage, therefore be careful to prevent any claims
of his to my sugar which I shipped on the Dolphin, for
he has too much damnified me. My cruel usage
increases. Repeats details of former letters. All this is
out of suspicion that I wrote home a letter of complaint
by Admiral Nevill ; and these violent motions did not
begin until I undertook to come for England. Pray
therefore obtain my deliverance. The whole, 4 pp.
[Board of Trade. Leeward Islands, 5. Nos. 86, 86 i..
ii.]
June 27. 606. Minutes of Council of Montserrat. The Assembly was
summoned and on appearing was dissolved by the Lieutenant-
Governor. [Board of Trade. Leeward Islands, 64. p. 534.]
June 27. 607. Journal of General! Assembly of Massachusetts. The
Tax Bill and Impost Bill were passed into Acts. John Walley and
Elisha Hutchinson were appointed Commissioners under the Acts.
Several votes of the Representatives for payments of salaries were
agreed to. After a conference between the two Houses the Ports
Bill was passed into an Act. Prorogued to 15 November. [Board
of Trade. New England, 48. pp. 249, 250.]
June 27. 608. Opinions of the Attorney and Solicitor-General as to
the eligibility of Mr. Mein, a Scotchman, proposed to be of the
Council of Barbados. The clause of the Act for regulating the
Plantation Trade runs as follows : " Provided always that all places
294
COLONIAL PAPEES.
1698.
"of trust in the courts of law or what relates to the Treasury in the
"said islands shall from the making of this Act be in the hands of
"the native-born subjects of England, Ireland, or of the said
"islands."
Quaere, whether a man born in Scotland be within the meaning
of this clause.
Answers of the Attorney and Solicitor-General, that Scotchmen,
being in law natural-born subjects of England, are not within the
meaning of this clause. Copy. 1 p. Endorsed, Communicated by
the Earl of Bridgewater. Kecd. Eead 27 June, 1698. [Board oj
Trade. Barbados, 7. No. 66.]
June 27. 609. Memorandum of the receipt of the above document.
I p. [Board of Trade. Virginia, 6. A T o. 51.]
June 27.
Whitehall.
610. William Popple to the Attorney and Solicitor-General.
Submitting to them the question of the applicability of the Act to
regulate the Plantation Trade to Commissary Blair. See 6 July,
1698. [Board of Trade. Virginia, 37. pp. 228-229.]
[June 27.] 611. Petition of Gilbert Heathcote to the King. That no
advantage may be taken of Sir William Beeston for taking the
oath, appointed by the Act for regulating the Plantation Trade, a
few days too late. \ p. Endorsed, Sent in Mr. Vernon's letter of
27 June. Eecd. Eead 29 June, 1698. [Board of Trade.
Jamaica, 8. No. 92 ; and 56. p. 205.]
June 27. 612. Council of Trade and Plantations to Mr. Secretary
Vernon. Forwarding a report as to the fitness of Jonathan Nethe-
way for appointment to the Council of Nevis. Signed, J. Bridge-
water, Ph. Meadows, Wm. Blathwayt, Abr. Hill. Here follows,
Council of Trade to the King. 27 June, 1698. We find Mr.
Netheway to be a person of considerable estate in England as well
as in Nevis, and as he seems to be very well inclined to your
Majesty's service we think that he may be appointed a Councillor
of Nevis, to continue such during his residence there and no longer,
for it is inconvenient that Councillors should be long absent from
their Colonies. [Board of Trade. Leeward Islands, 45. pp. 205-
206.]
June 27. 613. Mr. Secretary Vernon to Council of Trade and Plantations.
I am commanded to send you a copy of remarks made by the
Ministers of the Court of Brandenburg concerning the Island of
Tortola, for your examination and further consideration of that
matter. I am also to enclose you a petition from Mr. Gilbert
Heathcote for your report. Signed, Ja. Vernon. ^ p. Endorsed,
Eecd. 28th, Eead 29 June, 1698. Enclosed,
613. i. Eemarks " on the representation of the Council of
Trade on the Island of Tortola. To overthrow the just
claims of Joseph Shepheard to the Island of Tortola, the
Council of Trade and the Governor of the Leeward
Islands rely on two principal arguments. (1) They try
to dispute the ownership of Shepheard and his pre-
decessors in that island. (-2) They maintain that in any
AMERICA AND WEST INDIES. 295
1698.
case possession of the island cannot be conceded to a
foreigner, looking to the prejudice that would be caused
to the King's Customs. To dispute Shepheard's right
of ownership they lay down as a foundation that the
islands among which Tortola is comprised were first
discovered and settled by English, and that consequently
the Crown of England has assumed the original right
and ownership. The Council of Trade would find them-
selves much embarrassed if they were obliged (as indeed
they are) to prove this statement, for it is agreed that
the first discovery was not made by the English but by
Christopher Columbus in 1492. This first reason there-
fore is unfounded, and the rest will be seen to be equally
so. The Council says further that in the third year of
King Charles I. a grant was made of all the Leeward
Islands, between the 10th and 26th degrees of latitude,
to the Earl of Carlisle ; but they cannot prove that they
were in possession of these islands, and in particular of
Tortola, for it is notorious that the French and Dutch as
well as the English have become possessors of several
of the islands between those degrees since 1625; and
it was undoubtedly the Dutch who took possession of
Tortola or Tertholen. The name indeed is the
same with that of the town of Tertholen in Zealand,
which is an argument that it was taken by Zealanders,
and a certain sign that it was reckoned- for a Dutch
island, since it is still called by this name even by the
English. The English would not have given it such a
name if they had been first possessors, and they would
have changed it if they had become masters. Governor
Codrington proves nothing by saying that he knows of
no rights that the Dutch have to the island, and that its
name is and has been inserted in the Commissions of
Governors of the Leeward Islands. For these Com-
missions (if ever they were given) were on account of
protection, not of propriety. They say also that in the
deed of bargain between Mrs. Shepheard and her heirs,
it is covenanted that if the island were not delivered
within the time mentioned, the agreement should be
void. But does this pretended nullity give any rights
to the English ? It is a weak cause that is grounded
on such arguments. Again the Council of Trade says that
there is nothing to show that Shepheard had any right to
the island nor that it was put into possession of Sir William
Stapleton by the widow and heirs of William Honthum ;
but a perusal of the papers disposes of this argument.
The requests of the States-General on the subject, and
the orders given to Ambassador Citters show the right
of the widow and heirs ; and King James actually ordered
the island to be restored. It is therefore a grave wrong
to a Prince, so nearly related to the King, to dispute so
well-grounded a right. Lastly the Council alleges the
convenience of the King's Customs as a reason for
&6 COLONIAL PAPERS.
1698.
keeping the island. By such a law of convenience any
man might keep another's estate. But who has told
this to the Council of Trade ? It cannot be Governor
Codrington, for he wrote to the Director of the
Brandenburgher's Company in America to say that the
neighbourhood of their factory was of great commercial
advantage. Moreover, in an island where there are
only three or four families the customs cannot be
considerable. Lastly the Council of Trade leaves it to
the King, if he pleases, to give pretenders to the
island compensation proportionate to its value, since the
value is small. This is to treat the subject very
cavalierly. Is his Electoral Highness obliged to
abandon his just claims for such a price? Such a
bargain might be offered to a private individual in want
of cash, but it is an insult to a sovereign prince so
powerful as his Electoral Highness. These are
approximately the arguments which would serve to
destroy those of the Council of Trade. It is hoped
that finally the King will do justice to his Electoral
Highness herein, for the Kings of England dispose, with
sovereign rights, of all kinds of conquests, as is shown
by Charles I.'s grant to the Earl of Carlisle. Copy.
French. 5 pp.
613. n. English translation of the foregoing. 3J pp. [Board
of Trade. Leeward Islands, 5. Nos. 87, 87 1., n. ; and
45. #p. 207-215.]
June 27. 614. Journal of Council of Trade and Plantations. Lord
Bridgewater delivered three letters from Mr. John Lucas of
Antigua, the law-officers' opinion in the case of Mr. Mein, and
Mr. Usher's letter of 12 May last.
Representation as to Mr. Netheway signed and sent to Mr. Vernon
(Afo. 612). Draft instructions for Governor Nicholson considered.
June 28. ^mr. Walrond presented a petition in behalf of Mr. Lucas
(No. 605) and gave information of his close confinement from a
letter addressed to himself. He promised to bring the documents
that he had at home. Order for notice to be given to Mr. Gary of
this new complaint against Governor Codrington, with a request
to hasten his answer to the former complaints and to attend on
Thursday next.
June 29. Lord Bridgewater presented a paper concerning Edward Bourke
of Barbados (A T o. 618).
Colonel Parke offered several reasons against Dr. Blair's appoint-
ment to the Council of Virginia, and promised to put them in
writing.
Mr. Secretary Vernon' s letter of 27th inst. as to Tortola read
(No. 613).
Mr. Heathcote's petition on behalf of Sir William Beeston also
read (No. 611).
June 30. Mr. Walrond's letter of 28th inst. with enclosures read (No. 616).
The Secretary was directed to ask him for the oaths taken by
Captain Perrie, Mr. Quarme and Mr. Edgecombe, if he had them.
AMERICA AND WEST INDIES. t>97
1698.
Mr. Gary asked that Mr. Walrond might reduce his complaints to
articles before he should be called upon to answer them. He said
that he knew nothing of Mr. Lucas's imprisonment, but had seen a
letter 'from Governor Codrington saying that he had proof that
Lucas was the author of a libel, and therefore would not let him
leave the island.
July 1. A number of papers as to John Lucas's case were presented.
Order for a letter to the Admiralty asking that Captains Julius and
Edgecombe may attend on Monday.
Mr. Heathcote's petition on behalf of Sir William Beeston read
(iVo. 611), and copy ordered to be sent to the Attorney and
Solicitor- General for their opinion.
Sir Thomas Day presented a memorial for warlike stores for
Bermuda, and learning what the Board had written thereupon on
80 May to Mr. Vernon said that he would enquire what had been
done therein. [Board of Trade. Journal, 11. pp. 108-115.]
June 28. 615. The Solicitor-General to Council of Trade and Planta-
tions. I have perused the Acts of Massachusetts passed at a
General Assembly held on 27 February, 1694-5, seven in all (list
given) and find nothing to object to in them. Signed, Jo. Hawles.
1 p. Endorsed, Kecd. 4 July. Read 26 Oct., 1698. [Board of
Trade. New England, 9. No. 31 ; and 37. pp. 40-41.]
June 28. 616. Edward Walrond to William Popple. Forwarding copies
Islington. o f the proceedings against John Lucas. Signed, Edward Walrond.
p. Endorsed, Reed Read 30 June, 1698. Enclosed,
616. i. Deposition of Walter Quarme before the Governor and
Council of Antigua. 14 April, 1698. That he heard
John Lucas say that the Governor had not done him
justice in not signing a warrant against William Julius.
Deposition of John Perrie. John Lucas being sum-
moned before Council to answer certain matters,
withdrew without orders and afterwards sent in a request
for admission, when he asked the Council for attestations
that the Governor refused him a warrant of arrest
against Captain Julius. Among other words reflecting
on the Governor he said that the Governor had not
done him justice in refusing the warrant, for he was
going to England to prosecute Captain Julius for
assaulting him. p.
Warrant of the Deputy Governor of Antigua for the
Provost Marshal to bring John Lucas and his son-
in-law, John Austin, before Council. 12 April, 1697.
Inscribed, I [Lucas] appeared to this warrant and had
no other comfort by the Governor's passion, who, when
I demanded attestations of Julius's usage, shook his
cane and threatened to break my head, calling me
villain and rascal ; but incestuous Perrie is a very
honest fellow in the Governor's esteem. p.
Order of the Governor in Council for John Lucas to
give, on the 16th April, security for good behaviour and
appearance to answer all matters charged against him.
14 April, 1697. p.
2-98 COLONIAL PAPERS.
1698.
Warrant of Governor Codrington for the arrest of
John Lucas and John Austin and for the bringing of
them both before Council at next sitting, they having
failed to appear as ordered on 14 April. 20 April, 1697.
I P.
Order of the Governor in Council. That John Lucas
give ;5,000 security to answer any charge against him
at next Sessions. 5 May, 1698. f p. [Board of Trade.
Leeward Islands, 5. Nos. 88, 88 i.]
June 28. 617. Governor the Earl of Bellomont, to Council of Trade
New York. an( j Plantations. Pursuant to my instructions to examine and
report on the case of Robert Livingston, I summoned Colonel
Fletcher or some on his behalf to appear before me on 16 May,
with the complaint against Livingston and witnesses and evidence
to justify the same ; but none have appeared on Colonel Fletcher's
behalf on that nor on any other day, the attorneys declaring that
they had no orders to appear against Livingston. On the 16th inst.
I ordered a hearing of the whole matter before myself and Council,
when the Council declared that they thought they could not properly
be judges of what they had themselves objected against Livingston,
that they had nothing more than formerly to urge against him, and
that they knew nothing to the prejudice of his reputation, adding
that he was the fittest man in the province for the places which he
holds, and particularly for that of victualler of the forces. They
then referred the whole consideration and examination of the matter
to me, desiring me to represent it to the King, as it should appear to
me. Thereupon having heard Livingston and seen his proofs and
the orders which he obtained in England upon a strict scrutiny of
his demands there, it appears to me that the several sums of money
which he claims, both principal and interest, are justly due to him
and ought to be discharged here according to the said orders, the
execution of which was suspended by the late Government for no
reasons that appear to me just. As to his Commission of 27 January,
1696, I find him fit and capable to execute the offices named therein,
and that nothing has been offered against him to render him
undeserving of the King's favour. Signed, Bellomont. [Board of
Trade. New York, 7. No. 76 ; and 53. pp. 52-54.]
June 29. 618. Memorandum as to the appointment of Captain Edward
Bourke to the Council of Barbados. The said Bourke is an Irish-
man and a Eoman Catholic, entertained the Jesuit at Barbados and
had mass said publicly there. He was very great with Sir Thomas
Montgomerie and Mr. Chamberlayne, and was concerned with them
in fetching and entertaining the Jesuit. It is Sir Thomas Mont-
gomerie who chiefly strives to get him made one of the Council.
Bourke was but the bought servant of Tobias Frere, after whose
death he lived with his son, Tobias Frere, whom he wheedled to get
from him a lease of the plantation and the guardianship of his son,
who was an infant of six months old when his father died. By
virtue of that he has lived on the plantation for about thirteen
years and paid no rent, though he brought up the infant until he
was about eleven years old, when the infant died also. Bourke
still lives on the plantation and will come to no account nor yield
AMERICA AND WEST INDIES. 299
1698
possession to Tobias Frere, the nephew and rightful heir by an
entail of his uncle, old Tobias Frere, who brought him up. Bourke
now seeks to be of the Council only to keep Tobias Frere the
nephew from having the benefit of the law against him, and to
keep him out of his just right. Bourke is a very loose scandalous
liver. Unsigned. I p. Endorsed, Communicated by the Earl of
Bridgewater. Reed. Read 29 June, 1698. [Board of Trade.
Barbados, 7. No. 67.]
June 29. 619. Minutes of Council of Maryland. Depositions were
given by several persons as to evil actions and speeches of John
Coode, Gerard Slye, Robert Mason and Philip Clarke, and handed
to the law-officers.
June 30. The papers concerning certain public money due from Governor
Copley's estate were made over to the law-officers. George Plater
was ordered to report as to the disposition of the public arms. On
the letter of the Council of Trade of 2 September, 1697, a committee
was appointed to take care for the transcription of the laws. The
Council of Trade's complaints as to the imperfection of several
returns was explained by the Councillors as due to the incapacity of
the officers. Order for strict enforcement of the proclamation
against pirates. Further deposition as to the misconduct of Coode
and Slye. Several petitions read. The Governor asked for the
Council's advice on an Act lately passed in Pennsylvania for
prosecution of frauds. Orders as to transmission of accounts.
Edward Batson sworn Naval Officer of Annapolis. Proclamations
ordered for proroguing the Assembly to 20 October and for
securing runaway seamen. An account was produced showing
that Thomas Smithson, Speaker of the House of Delegates, was
indebted in large sums to Lord Baltimore. Resolved to write to
Sir Edmund Andros asking for the apprehension of Slye and
Coode, who appear to be countenanced in Virginia.
July 1. Further depositions as to seditious behaviour and language of
John Coode, Gerard Slye, Robert Mason and Philip Clarke, and
warrants issued for their arrest. Order for prosecution of an
Attorney for slandering the Government. Order for muster of the
militia and a report as to the arms. Orders as to the proclamations
against taking service with foreign princes and against immorality ;
and agreed to ask the Council of Trade to send several copies of any
proclamations in future. Information was given as to the numbers
of the Indians at the head of the bay. Agreed to write to the
Governor of New York as to the overtures made by the
Susquehannah Indians, stating that Maryland is unwilling to
entertain them without New York's consent. Agreed to write to Sir
Edmund Andros requesting him to see that Coode, Slye, Mason and
Clarke do not escape to England, but to arrest them and send them
here. Order for sale of certain public tobacco. Alexander Lumley,
or a gentleman so calling himself, presented a petition, but he
being in drink and asking His Excellency if he was his godfather,
he was committed to custody till he should find sureties for good
behaviour. Further orders as to George Plater's account of the
arms-fund. [Board of Trade. Maryland, 13. pp. 519-536.]
300
COLONIAL PAPERS.
1698.
June 30.
Edinburgh.
June 30.
New York.
620. Anonymous letter to Council of Trade and Plantations.
There is a matter which may prove of detriment to trade if not pre-
vented in time. Here are great preparations in hand and much
tampering with some in London, especially one Mr. Waft'er. I am
sure overtures have been made to him. though I find no encourage-
ment he has given them yet, but whether this be from respect to his
country or from expectation of a gratuity from you upon the publica-
tion of his book I know not. I am certain that money has been
offered to him and things discoursed to him, so I desire that he
be examined forthwith, for the Scotch ships will sail in less than
a month's time. $ p. Endorsed, Eecd. Read 12 July, 1698.
[Board of Trade. Plantations General, 4. No. 118.]
621. The Attorney-General of New York to Governor the
Earl of Bellomont. In 1664 King Charles granted to the Duke of
York all the lands between Connecticut and Delaware River ; and
in the same year the Duke granted all between the Hudson and
Delaware River to Sir George Carteret and George Lord Berkeley.
In 1665 Sir G. Carteret appointed a Governor to East New Jersey,
part of the grant. In 1672 the Dutch took this province and the
Jerseys. In 1674 Sir Edmund Andros received New York back
from the Dutch for the Duke of York. The King then granted it
anew to the Duke, who gave a new grant likewise for East Jersey.
Sir Edmund Andros confirmed everything done by the Dutch.
New York was made a port. The Dutch duties on trade were
confirmed. In 1675 the excise duty was taken off, but the other
duties were exacted in 1676. Colonel Carteret was obstructed by
Sir Edmund Andros in a pretension to clear a ship at
Carolina. In 1678 a duty of 1 a hogshead was imposed
on rum. In 1679 Governor Carteret declared East Jersey free to
all vessels for trade. On that proclamation a ketch was ordered
thither from Barbados, but was brought up to New York and
ordered to enter and pay duty here before she took her rum to New
Jersey. In the same year Sir Edmund Andros seized the
Governor and Government, and called an Assembly there, but came
to no conclusion. In 1681 Sir George Carteret's executors sold
East Jersey. The purchasers sent Thomas Rudyerd and Samuel
Groome to be Governors, who erected a town at Perth-Amboy,
pretended to great privileges, made some settlements there, but
brought no shipping further than Staten Island, where they were
allowed to convey their household goods. In Colonel Dongan's
time a ship went to Amboy without reporting at New York, and
was afterwards brought hither and permitted to load from this
port. Complaint was made in England thereupon, and the King
gave order that there might be a port at Amboy, on condition that
all ships that loaded or unloaded there should pay the duties
arising to the King in New York. On these conditions they
accepted a Collector, and so matters continued until the Revolution,
since which there have been no pretensions to a free port until
now.
I offer the following reasons why Amboy should not be a free
port. The revenue for support of New York cannot be duly paid if
Amboy be made free ; for ships will never go twenty-four miles to
AMERICA AND WEST INDIES. 301
1698.
pay duty when they need go only twelve miles and be free. If the
port be free, albeit there are custom-house officers there, yet abuses
against the Acts of Trade will be inevitable, for the people will
always prefer private gain to the general good of the English nation,
and as there will be no force to suppress those abuses, the port will
simplv become a nursery of illegal trade. At New York, though
there is a garrison and men-of-war, ifc is only with great difficulty
that illegal trade is suppressed, and, but for diligence, there would
be great disorder. It is also against the policy of England for
Arnboy to be a free port, for the River Hudson is the same as the
River Thames. The Hudson is not so wide as the mouth of the
Thames, yet the City of London is the only port appointed on the
river. Again the greatest distance between New York and Amboy
does not exceed thirty miles, but New Jersey cannot have above
12,000 [? 200] families of inhabitants while New Y T ork province has
at least 5,000 who burden themselves for the support of the
King's Government ; and it is therefore reasonable that New York,
like London, should be the port. The opening of Amboy would
not only destroy the revenue of New York, but would force the
inhabitants to leave it and so weaken it. There is no more violence
done by making New York the port of the Hudson than London the
port of the Thames ; there are other places besides London in the
Thames, but they are closed lest they should be a prejudice to
London. So here too the less should yield to the greater, it being
more for the King's interest that 200 should yield to 5,000, and that
four or five vessels should come to New York and pay duty than that
100 sail should leave New York for Amboy. Signed, Ja. Graham.
8 pp. Endorsed, Reed., Read 18 Sept., 1698. [Board of Trade.
New York, 7. No. 77 ; and 53. pp. 97-101.]
July 1. 622. Governor the Earl of Bellomont to Council of Trade
New York and Plantations. I sent you by my last a copy of my proclamation
respecting the ports of the Jerseys, but I find that since then
Colonel Basse has published a counter-proclamation in the Jerseys,
copy enclosed. He has also written me several letters on the subject
much disputing my orders and asserting the right of the port of
Perth-Amboy, but he has since been with me and seen the King's
orders, and I thought he was so well satisfied, that the Jerseys would
submit to the Admiralty Court of New York without dispute. Soon
afterwards a ship was seized there by Mr. Randolph and tried in the
Admiralty Court here ; but some time since, two pirates of Every's
crew being seized in the Jerseys, a precept was issued from this Court
of Admiralty to bring them hither. On this Colonel Basse called his
Council, who were unanimous not to deliver them until the Com-
mission for the Court of Admiralty was published and recorded in
the Jerseys. Thereupon by my Council's advice I sent a command
to Colonel Basse, by which being startled he ventured to send me
the two prisoners. I enclose their examinations before Colonel Basse.
I can find no evidence against them, so that they would be cleared
on trial here, and I have no instructions to send them to England,
so must admit them to bail. One of them, John Alston, is but
nineteen years old, and was forced away by Every as a cabin boy of
thirteen. He had no share with the rest, but only what they
302 COLONIAL PAPERS.
1698.
voluntarily gave him, and he had no share in any ill thing with his
own hand and could not help being forced away. Such is his
account, which appears to me probable and may seem to you
sufficient to recommend him to mercy. I hear of two more of Every's
men in Connecticut and one in Rhode Island, and have written to those
Governments to seize them and send them to me ; but I beg your
orders as to what I shall do with them, for the evidence that would
condemn them is in England, and I want your direction to send the
prisoners thither, otherwise I cannot help admitting them to bail here
as arrested only on suspicion. Captain Adam Balderidge has made a
proposal to me for the settlement of the island of St. Mary's, which
I promised to represent to you. If the matter be of such real
advantage to the trade of England as he pretends, no doubt you
will give it all furtherance. Mr. Balderidge is now here. He
has lived for many years in St. Mary's and Madagascar, and
appears to be a sober man and is reputed wealthy by his long
trading in these parts. The City of New York has addressed me
about an Act passed by Colonel Fletcher, which destroys their
rights. The Council desired me to represent it to you, and the
Agent will do so. I have already informed you of the contract
made with Mr. Nicoll for the passing of this Act, and shall only
add that on examination the passing of it seems manifestly to the
injury of the province. It will be an ill reflection upon Colonel
Fletcher that he passed it, though he has the royal prerogative of
denying it ; and it may be worth the consideration of Parliament
to frustrate what was passed by such clandestine practices to the
public prejudice. To-day I have received the answers to the letters
I sent to Mons. de Calliere and Count de Frontenac. I send
copies, from which you will see the ill consequences of Colonel
Fletcher's neglect to announce the peace to them. You will also
find their pretensions to the Five Nations of Indians, whom we
must support, otherwise the province will be in great danger for
want of their friendship in case of another war. It is likewise the
design of the Jesuits to send them missionaries, which will certainly
make them revolt from us. I venture therefore to suggest that
aG300 per annum, paid on the Charter of Corporation for conversion
of infidels, may be applied this way, which will support and
encourage Protestant divines to instruct the Indians and thereby
to oblige them to the Crown of England. No doubt this would be
effected on your application to the Corporation. I await your orders
as to my management in opposing any French force that may annoy
~ the Five Nations. I shall meet their Sachems at Albany next week,
and try all methods of arguments and presents to continue them
faithful and prevent them from being debauched by French kindness
or menaces. I send you Colonel Romer's report on the frontier
forts. You will see that our fortifications are very weak and out of
repair and have been most shamefully neglected, that the frontier
has been destroyed and deserted this war, and that several other
fortifications are absolutely necessary for defence of the country in
case of another war. But 1 am going to visit them myself and
shall then be able to lay before the Assembly the cost of making
them. Mr. Randolph informs me that Rhode Island pretends to a
jurisdiction of a Court of Admiralty, and that they have seized a
AMEEICA AND WEST INDIES, 303
1698.
pirate with design to try him and perhaps acquit him. I know not
yet what privileges they have by charter, but I am well informed
as to the constant encouragement that they gave to pirates to come
thither and bring in their spoils, also their connivance with breaches
of the Acts of Trade, so that it may be concluded that there will be
but faint prosecutions in an Admiralty Court of their own erecting,
and small regard paid to the Acts of Trade. This serious matter I
have represented to the Lords of the Treasury, and I hope that
your representations and theirs may bring about some remedy for
the evil. The Attorney General has given me a memorial concern-
ing the manner of granting land in this province since it passed
under English Government. You will learn from it how Colonel
Fletcher paid no regard to rules, but, upon learning of my appoint-
ment, granted away every foot of land which was to be disposed of,
in such extravagant quantities that a grant to one man contains
seventy miles in length by eight in breadth, and several other grants
are of fifty miles and thirty miles. By so doing he has betrayed
his trust, having never consulted the Attorney General therein, but
has made it impossible to settle the country ; for there is no land
but what must be purchased from the grantees (who cannot settle
it themselves) and the King and future Governors are prevented
from rewarding good service in war or peace by grants of land to
engage them to settle thereon. He has gone so far as to grant
away great part of the garden about Fort William Henry, which
might be called the King's domain. In the patents it is called
" our garden," being the pleasantest part next the sea, the rest
being a garden planted with herbs and fruit trees. He permitted
the fences and trees to be wholly destroyed by cattle, after he heard
of my appointment, and it will take fourteen years to repair the
damage. A small farm called the King's farm, which usually
supplied the Governor with bread-corn, he leased to the church a
few months before my arrival, and a small island, for the grazing of
a few coach-horses and cows for the Governor's family, he would
also have leased to one who was formerly his footman, had not the
Council been ashamed to consent to it. This is all that is left for
the pleasure or convenience of the Governor. This is a great
dishonour to the King and uneasiness to succeeding Governors, just
as the extravagant grants of land are an invincible obstacle to
settlement. The agent will lay before you full information, and
1 hope that you will cause these mischievous grants to be damned
and voided. I have information that the merchants design to
apply at home for the restoration of Colonel Fletcher, and I find
their rage against me so increased that they load Mr. Weaver (who
has been King's Counsel in these prosecutions) with false calumnies
and give out that they will blacken his credit at home, as they
would do mine and that of every man who would serve the King
faithfully in these matters. I will be answerable for Mr. Weaver's
integrity, so I beg you to countenance him and give him full credit
in his representations of affairs in this province. I assure you that
an honest Governor, especially of some quality, cannot have a
subsistence from the salary and perquisites of this Government ;
but I shall none the less do all that I can for the King's honour
and the trade of England, which have been so injured and
304 COLONIAL PAPERS.
169S.
violated here. Signed, Bellomont. Postscript, 6 July. Yesterday I
received yours of 21 March, with the order relating to pirates.
My former letters will have shown you how industrious I
have been since my arrival. I must remark that Daniel
Honan, private secretary to Colonel Fletcher, being put
on his oath, swore that he knew of no money given to Colonel
Fletcher for granting protections to pirates. Since then I have
positive proof that he was present when one Wick gave Colonel
Fletcher 50 for a protection to one Rayner, in a bill of exchange
payable to Honan. I hope therefore that you will give no credit to
any attestation of Honan's in Colonel Fletcher's favour. To-day I
summoned the Sheriff of New York before myself in Council, and
it appearing by the oath of five credible men and his own confession
that he had not allowed one voice of a freeholder of Orange County
to vote, and that he had been guilty of corrupt practice and con-
tinual disturbance to the Government, I suspended him. Indeed,
I durst not trust so ill a man among so mutinous a people in a
post of such trust during my absence at Albany. I have received
a letter of 24 February last from the Board of Ordnance, recalling
Colonel Romar. Considering that our fortifications are ruined,
that more are wanting, that no one else understands them, and
that the French Governors threaten to fall on the Five Nations, I
have thought fit to retain him till further orders, knowing that you
could not be aware of these considerations. I beg that you will
procure an order for him to stay till the fortifications are perfected.
3J pp. Here follows an abstract of the foregoing letter. 2 pp.
Endorsed, Reed, from Mr. Weaver, Agent for New York. Reed.
8th, Read 16 Sept., 1698. Enclosed,
622. i. Proclamation by the Governor of East New Jersey, to
the effect that Perth-Amboy is still an open port.
30 May, 1698. Sealed with the seal oj New Jersey, but
unsigned. 1 p. Endorsed, Reed, from Mr. Weaver,
15 Sept., 1698.
622. ii. Copy of a letter from James Graham to the Earl of
Bellomont, 30 June, 1698. As to the manner of granting
lands, in the Duke of York's time the Governor made
grants of land on condition of the obedience of the
grantees to existing and future legislation. It was then
the law that any land which was not improved or settled
in three years should revert to the grantors. This was
to ensure the settlement of the country and prevent
people from keeping large tracts of land waste. The
quit-rents were generally one bushel of wheat to every
hundred acres. Grants rarely exceeded 2,000 acres and
were generally under 1,000 acres. When large grants
were made the grantees were obliged to settle a town-
ship or so many families as the land could support.
The first King's Governor, Colonel Dongan, pursued the
same system, but removed the general condition and
retained only the quit-rent, sometimes one bushel of
wheat for a hundred acres and sometimes as little as
half-a-crown. At the end of his government, however,
when intelligence came that the province was to be
AMERICA AND WEST INDIES. 805
1698.
annexed to New England, he made large grants and
gave considerable tracts of land on Hudson River to
particular persons, with small quit-rents. While New
England and New York were joined, no grants were
made, but SirE. Andres's instructions fixed the quit-rent
at half-a-crown j^r hundred acres. There were no grants
made during the Revolution, and but few and incon-
siderable under Governor Sloughter. When Governor
Fletcher arrived the province was warmly engaged in
war, and the great rates then raised discouraged new
settlements. Sometime afterwards the out-settlements
of Albany were deserted, and the people coming down
to the seaside put a value on land in Long Island.
Governor Fletcher granted tracts of 1,000 acres to some
gentlemen on the island, they having warrants for the
same from former Governors. In 1694 he made further
grants of a considerable tract to Captain Evans and of
smaller lots at the usual quit-rent of half-a-crown, but
in 1697, on the news of Lord Bellomont's appointment
to succeed him, he made greater grants than in the
whole of the rest of his Government. His method was
to give a positive order to the Attorney-General to
prepare such grants, without consulting him as to
their effect on the King's interest, as Governors were
accustomed to do. Formerly the Attorney-General
always attended in Council when petitions for land were
read, and gave his opinion whether they were pre-
judicial to the King's interest or not, but on Colonel
Fletcher's coming he was discharged from this attend-
ance and told that he would be summoned if wanted.
Not two references were made to him afterwards
respecting grants. The old method was this. If the
lands were not purchased from Indians, application was
made to the Governor and Council for permission to
purchase. The order for purchase was then made in
the presence of the magistrate of the district where
the land lay and within a certain time ; and if that
method were not followed, the purchase was void. If
the purchase were regular, a petition was generally
preferred to the Governor in Council for a grant of the
same at a moderate quit-rent. If the tract were small,
it usually passed in course ; but if it were considerable
then (under the Duke of York) the magistrate of the
district was required to report thereon, and the matter
was afterwards referred to the Attorney-General. Thus
the King's interest was safeguarded. But by the
violence done to the old rules in the former Governor's
time I find that the King's interest has suffered much,
particularly by the grant of the Maquas' land
and that granted to Henrico Rensselaer, which if
held will destroy the Indian trade at Albany and
drive the Indians from the frontier. Now there
is hardly a foot of land, suitable for settlement, left to
306 COLONIAL PAPERS.
1698.
the King to grant ; and what is granted is in the hands
of so few that they cannot settle it in themselves, while
planters are unwilling to settle unless they can enjoy a
freehold, for it costs at least 4 an acre to clear land.
Thus all our youth must leave the province and settle in
neighbouring colonies. New York will decay both in
population and trade, and the revenue will fall, for the
King has not a foot of land to grant to those who have
done good sendee in war and would addict themselves
to husbandry in peace. The province will never be
peopled without husbandmen, and if there is no land
there will be no husbandmen, who from their labour are
best trained to endure the fatigues of a soldier. Signed,
Ja. Graham. 3 pp. Endorsed, Reed. 15th, Read
23 Sept., 1698.
622. in. Grants of land made by Governor Fletcher. A tract
of twenty-four or thirty miles in length to Nicholas
Bayard, 12 December, 1695. A tract of some seventy
miles in length on the east of the Hudson to Godfrey
Dellius, 3 Sept., 1696. Two tracts in Duchess County
and along the Hudson River to Henry Beeckman, one
of them about sixteen miles square, the other about
twenty miles by eight. Sundry tracts in Suffolk County
to William Smith, about fifty miles in length, 17 June,
1695. Several tracts on the west of the Hudson to
Captain John Evans of H.M.S. Richmond, about forty-
four miles by twenty-two, 10 Sept., 1684, and 15 April,
1685 (sic, errors for 1694, 1695). 3 pp. Endorsed,
Reed. 15th, Read 26th Sept., 1698.
622. iv. Copy of the grant of part of the King's Garden, New
York, by Colonel Fletcher to Caleb Heathcote, for an
annual rent of one shilling, and of the lease of another
part of the garden for forty-one years at four shillings a
year, New York money. 2 April, 1696. 2 pp.
Endorsed as No. u.
622. v. Copies of Colonel William Romar's correspondence
respecting the fortifications of New York. Lord
Bellomont's instructions to him to survey all the
fortifications of the province. Dated, 17 May, 1698. J p.
Colonel Romar to the Earl of Bellomont, Albany,
27 May, 1698. I arrived here on the 23rd inst., and
finding a favourable opportunity at once went to Senec-
tady, forty miles away. Senectady is admirably situated,
and from the importance of its position on the frontier
deserves to be taken in hand at once. It is a pity and
shame to see a frontier so neglected as this has been.
Had the public interest been preferred to the private
gain, which has been divided among a few individuals
for a devil's harvest, the enemy would never have made
such mischievous captures from the good people at large
[this sentence is most obscure in the original]. I find
the frontier at Albany as important and even more
important than the other, since it covers all Connecticut
AMERICA AND WEST INDIES. 807
1698.
and New England on one side, New York and the Jerseys
on the other, and controls the communications by
water generally. The situation is curious and difficult,
but at a moderate cost I could make it proof against
any enemy. I think that the necessary plans will take
me four weeks, and I shall begin to-morrow, and shall
not fail to be diligent. French. % p.
Colonel Eomar to the Earl of Bellomont. Albany,
13 June, 1698. Since my last I have visited the Half-
Moon, which I think of little value, but there is a place
seven leagues further up the river called Saratago
which should be an important post. If you please, I
will wait upon you or give you as well orally as in
writing an account of both. I have been surveying
this town and its approaches, and was just drawing it
out when I had the misfortune to spill a bottle of ink
over my papers. This will necessitate my doing much
of the work a second time, and will delay me for some
days. 1 have also, besides other mishaps, been ill for
some days, so I hope you will excuse me if I
cannot present myself as soon as I had hoped. I am
told that you are coming here at the beginning of
next month, and in this case I would suggest to
you the need of a good and faithful interpreter.
It will be very difficult for you to find one here ;
I will go so far as to say that you will not find a faithful
one, such are the divisions and the jealousies. They
may flatter you to the contrary and say that a woman
can save you your interpreter, but this is only to abuse
you and to keep you ignorant of important matters. I
find everything in confusion owing to the dealing of
some of your predecessors, and of men who prefer their
private intreat to the public. I venture to recommend
to you Arnout Cornelissen Vile (? Vielle) as a faithful
interpreter. He lives in Long Island Bay, and Dr.
Staats will bring him to New York for you. I recom-
mend you to send your caliche forward, with your
smallest harness. Horses can be procured. The roads
to Senectady and Canestagione are good and safe. I
shall visit the latter before your arrival, if you will let
me know the day of your departure, so as to have as
much as possible ready for you at your coming. I find
great difficulty in preparing estimates for a new work in
brick or stone, for the people here are ignorant wretches,
without any experience. I shall be obliged to work out
everything for myself, which will take time. French.
1 p. Endorsed as No. in.
622. vi, vn. Copies of Lord Bellomont's letter of 22 April,
1698, to Count de Frontenac, and of his instructions to
the bearers thereof. (See Nos. 504 i., n.) Endowd
as No. in.
622. vin. Count de Frontenac to the Earl of Bellomont.
8 June, 1698. Colonel Schuyler and Mr, Dellius
308 COLONIAL PAPEES.
1698.
brought me your letter three days ago. I observe your
wish to maintain a good correspondence now the peace
is concluded. Though I have no confirmation of the
news of peace from France, I have always treated your
prisoners with such humanity that I shall make no
difficulty over restoring to your messengers as many
English and Flemings, willing to quit the country, as
can be collected within my Government during their
stay. This has always been my practice in war not-
withstanding the ill-treatment received by Captain de
Villieu at Boston and by many others, contrary to the
law of nations and even to express agreements. I am
sure that you will not approve this and that you will
